Bill Francis Womack Jr. v. The State of Texas--Appeal from 207th District Court of Comal County

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-09-00432-CR Bill Francis Womack Jr., Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF COMAL COUNTY, 207TH JUDICIAL DISTRICT NO. CR2004-204, HONORABLE JACK H. ROBISON, JUDGE PRESIDING MEMORANDUM OPINION Bill Francis Womack, Jr. seeks to appeal from a judgment of conviction for theft. See Tex. Penal Code Ann. § 31.03 (West Supp. 2008). Sentence was imposed on March 3, 2009. No motion for new trial was filed. The deadline for perfecting appeal was therefore April 2, 2009. See Tex. R. App. P. 26.2(a)(1), (2). Notice of appeal was filed July 20, 2009, containing an assertion that it was mailed by appellant on July 17, 2009. No extension of time for filing notice of appeal was requested. See Tex. R. App. P. 26.3. Under the circumstances, we lack jurisdiction to dispose of the attempted 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. __________________________________________ G. Alan Waldrop, Justice Before Chief Justice Jones, Justices Waldrop and Henson Dismissed for Want of Jurisdiction Filed: August 31, 2009 Do Not Publish 2

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