TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-97-00241-CR
v.
The State of Texas, Appellee
NO. 94-427-K368, HONORABLE BURT CARNES, JUDGE PRESIDING
Adolfo Aguilar seeks an out-of-time appeal from a judgment of conviction for theft. According to his motion and supporting documents, appellant tendered his pro se notice of appeal over one year and nine months after sentence was imposed.
Without a timely filed notice of appeal, this Court is without jurisdiction. Rodarte v. State, 860 S.W.2d 108 (Tex. Crim. App. 1993); Shute v. State, 744 S.W.2d 96 (Tex. Crim. App. 1988). We lack authority to dispose of the purported appeal in any manner other than by dismissing it for want of jurisdiction. Olivo v. State, 918 S.W.2d 519, 523 (Tex. Crim. App. 1996). Appellant must await this Court's mandate of dismissal, after which he may file a post-conviction application for writ of habeas corpus seeking an out-of-time appeal. Tex. Code Crim. Proc. Ann. art. 11.07, § 2 (West Supp. 1997).
Appellant's motion for out-of-time appeal is dismissed. The appeal is dismissed.
Before Chief Justice Carroll, Justices Aboussie and B. A. Smith
Dismissed for Want of Jurisdiction
Filed: May 15, 1997
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