Bill Francis Womack Jr. v. State

• Court: Court of Appeals of Texas
• Decided: August 31, 2009
• Docket: 03-09-00432-CR
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

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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

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

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

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