Nakota Bible v. The State of Texas--Appeal from 277th District Court of Williamson County
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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-02-00685-CR Nakota Bible, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 277TH JUDICIAL DISTRICT NO. 97-854-K277, HONORABLE JOHN R. CARTER, JUDGE PRESIDING Nakota Bible seeks to appeal his conviction for attempted aggravated sexual assault for the purpose of asserting a claim of actual innocence. Sentence was imposed in this cause on June 1, 1998. The notice of appeal was filed on October 25, 2002. Clearly, the notice of appeal was not timely. See Tex. R. App. P. 26.2(a). 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). Bible may advance his claim in a postconviction habeas corpus proceeding. See Ex parte Franklin, 72 S.W.3d 671 (Tex. Crim. App. 2002); Ex parte Elizondo, 947 S.W.2d 202 (Tex. Crim. App. 1996). The appeal is dismissed. Marilyn Aboussie, Chief Justice Before Chief Justice Aboussie, Justices Patterson and Puryear Dismissed for Want of Jurisdiction Filed: November 15, 2002 Do Not Publish 2
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