Abel Robles Jr. v. State

• Court: Court of Appeals of Texas
• Decided: January 29, 2010
• Docket: 03-09-00467-CR
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

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NO. 03-09-00466-CR

NO. 03-09-00467-CR

NO. 03-09-00468-CR

NO. 03-09-00469-CR

Abel Robles Jr., Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF CONCHO COUNTY, 119TH JUDICIAL DISTRICT

NOS. DIS-08-01671, DIS-08-01672, DIS-08-01673 & DIS-08-01674

HONORABLE BEN WOODWARD, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

In four cause numbers, appellant Abel Robles Jr. pleaded guilty to the offenses of sexual assault of a child and aggravated sexual assault of a child. Sentence was imposed in open court on April 2, 2009. A motion for new trial was timely filed on April 27, but the notice of appeal was not filed until July 30, 2009, more than 90 days after sentence was imposed in court. See Tex. R. App. P. 26.2(a)(2) (providing that notice of appeal must be filed within 90 days after date sentence imposed in open court if defendant timely files a motion for new trial). No motion for extension of time to file the notice of appeal appears in the record. See Tex. R. App. P. 26.3.

Under the circumstances, we lack jurisdiction to dispose of the purported appeals in any manner other than by dismissing them for want of jurisdiction. See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App.1998); Olivo v. State, 918 S.W.2d 519, 522-23 (Tex. Crim. App. 1996).

The appeals are dismissed. ⁽¹⁾

__________________________________________

Bob Pemberton, Justice

Before Chief Justice Jones, Justices Pemberton and Waldrop

Dismissed for Want of Jurisdiction

Filed: January 29, 2010

Do Not Publish

1. In each cause number, counsel for appellant has filed a motion to withdraw and a brief concluding that the appeal is frivolous and without merit. See Anders v. California, 386 U.S. 738 (1967); Penson v. Ohio, 488 U.S. 75 (1988); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). In light of our dismissal of these appeals, we dismiss the motions as moot.