Kenneth Pinkston v. The State of Texas--Appeal from 22nd District Court of Caldwell County

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-97-00551-CR
Kenneth Pinkston, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF CALDWELL COUNTY, 22ND JUDICIAL DISTRICT
NO. 96-070, HONORABLE CHARLES R. RAMSAY, JUDGE PRESIDING
PER CURIAM

This is an appeal from a conviction for possession of marihuana. Sentence was imposed in this cause on June 18, 1997. No motion for new trial was filed. Notice of appeal was filed on July 21, 1997, three days after it was due. See former Tex. R. App. P. 41(b)(1). No extension of time for filing notice of appeal was requested. See former Tex. R. App. P. 41(b)(2). There is nothing in the record to indicate that notice of appeal was properly mailed to the district clerk within the time prescribed by rule 41(b)(1). See former Tex. R. App. P. 4(b). Appellant's counsel did not respond when informed that the notice of appeal did not appear to be timely.

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). Under the circumstances, 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 Justices Powers, Aboussie and B. A. Smith

Dismissed for Want of Jurisdiction

Filed: October 30, 1991

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