Pablo Rodriguez v. The State of Texas--Appeal from 167th District Court of Travis County

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-02-00023-CR Pablo Rodriguez, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF TRAVIS COUNTY, 167TH JUDICIAL DISTRICT NO. 007101, HONORABLE MICHAEL LYNCH, JUDGE PRESIDING On December 4, 2000, Pablo Rodriguez pleaded guilty to engaging in organized criminal activity. The district court deferred further proceedings and placed Rodriguez on community supervision. Rodriguez filed his original notice of appeal on January 5, 2001.1 He filed a supplemental notice on February 14, 2001. The deadline for perfecting appeal was January 3, 2001. Tex. R. App. P. 26.2(a)(1). No extension of time for filing notice of appeal was requested. 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). 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 1 The district clerk did not send a copy of the notice to this Court. See Tex. R. App. P. 25.2(c). We first learned of the attempted appeal on January 11, 2002, when the district clerk s record was received. 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. Lee Yeakel, Justice Before Justices Kidd, Yeakel and Patterson Dismissed for Want of Jurisdiction Filed: January 31, 2002 Do Not Publish 2

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