Joe Pena, Sr. v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN






NO. 03-99-00457-CR


Joe Pena, Sr., Appellant

v.



The State of Texas, Appellee






FROM THE DISTRICT COURT OF MILAM COUNTY, 20TH JUDICIAL DISTRICT

NO. 19,269, HONORABLE CHARLES E. LANCE, JUDGE PRESIDING


PER CURIAM

In October 1996, appellant Joe Pena, Sr., was placed on deferred adjudication community supervision after pleading guilty to aggravated sexual assault of a child. On July 16, 1998, the district court revoked supervision, adjudicated appellant guilty, and assessed punishment at imprisonment for thirty years. Sentence was imposed the same day.

On July 26, 1999, over one year after sentence was imposed, appellant filed his pro se notice of appeal. The notice is obviously untimely. See Tex. R. App. P. 26.2. Appellant states in his notice of appeal that his attorney failed to act on his request to appeal following the adjudication of guilt. This is a matter that appellant must raise by means of a post-conviction application for writ of habeas corpus. See Tex. Code Crim. Proc. Ann. art. 11.07 (West Supp. 1999). This Court lacks 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, 523 (Tex. Crim. App. 1996).

The appeal is dismissed.



Before Chief Justice Aboussie, Justices Kidd and Patterson

Dismissed for Want of Jurisdiction

Filed: August 26, 1999

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