Larry Gatlin v. The State of Texas--Appeal from 299th District Court of Travis County

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-97-00126-CR
Larry Gatlin, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 299TH JUDICIAL DISTRICT
NO. 0915762, HONORABLE JON N. WISSER, JUDGE PRESIDING
PER CURIAM

The Court of Criminal Appeals granted appellant an out-of-time appeal from his conviction for murder. Ex parte Gatlin, No. 72,443 (Tex. Crim. App. Aug. 28, 1996) (not designated for publication). The court instructed appellant to "take affirmative steps to see that notice of appeal is given within thirty days after the mandate of this Court has issued." The mandate issued September 13, 1996.

Appellant did not file a notice of appeal within thirty days of the mandate. Instead, he filed a motion for new trial on October 11, 1996. We will assume this extended the time for filing his notice of appeal to December 12, 1996. See Tex. R. App. P. 41(b)(1). Appellant's notice of appeal was filed on March 5, 1997, long after the deadline for filing expired. Without a timely filed notice of appeal, this Court is without jurisdiction. Rodarte v. State, 860 S.W.2d 108 (Tex. Crim. App. 1993); Shute v. State, 744 S.W.2d 96 (Tex. Crim. App. 1988). We lack jurisdiction to dispose of the purported appeal in any manner other than by dismissing it for want of jurisdiction. Olivo v. State, 918 S.W.2d 519, 523 (Tex. Crim. App. 1996).

The appeal is dismissed.

 

Before Chief Justice Carroll, Justices Aboussie and B. A. Smith

Dismissed for Want of Jurisdiction

Filed: March 27, 1997

Do Not Publish