Robert James Cuzze v. The State of Texas--Appeal from 22nd District Court of Hays County

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-01-00440-CR Robert James Cuzze, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF HAYS COUNTY, 22ND JUDICIAL DISTRICT NO. CR-00-519, HONORABLE CHARLES R. RAMSAY, JUDGE PRESIDING PER CURIAM This is an appeal from a judgment of conviction for aggravated assault. Sentence was imposed on April 10, 2001. There was a timely motion for new trial. The deadline for perfecting appeal was therefore July 9, 2001. See Tex. R. App. P. 26.2(a)(2). Notice of appeal was filed on July 19, 2001. No extension of time for filing notice of appeal was requested. See Tex. R. App. P. 26.3. There is no indication that notice of appeal was properly mailed to the district clerk within the time prescribed by rule 26.2(a). See Tex. R. App. P. 9.2(b). Under the circumstances, we lack jurisdiction to dispose of the purported appeal in any manner other than by dismissing it for want of jurisdiction. See Slaton v. State, 981 S.W.2d 208 (Tex. Crim. App.1998); Olivo v. State, 918 S.W.2d 519, 522-23 (Tex. Crim. App. 1996). The appeal is dismissed. Before Chief Justice Aboussie, Justices Yeakel and Patterson Dismissed for Want of Jurisdiction Filed: August 30, 2001 Do Not Publish 2

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