TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-99-00418-CR
v.
The State of Texas, Appellee
NO. 0985368 & 0983254, HONORABLE WILFORD FLOWERS, JUDGE PRESIDING
Michael Anthony Moore seeks to appeal from judgments of conviction for possession and delivery of cocaine. Sentence was imposed in each cause on June 4, 1999. There was no motion for new trial. The deadline for perfecting appeal was therefore July 5, 1999, extendable on motion to July 20, 1999. See Tex. R. App. P. 26.2(a)(1), 26.3. On July 2, Moore filed in this Court a motion for extension of time to file notice of appeal complaining that he was abandoned by counsel. Moore did not, however, file a formal notice of appeal in either cause.
In a civil case, a notice of appeal mistakenly filed with the appellate court is deemed to have been filed the same day with the trial court clerk. See Tex. R. App. P. 25.1. There is no equivalent rule in criminal cases. See Tex. R. App. P. 25.2(b)(1). Thus, even if this Court were to treat Moore's motion as a notice of appeal, it would not be sufficient to invoke appellate jurisdiction. 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 (Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519, 523 (Tex. Crim. App. 1996).
The motion for extension of time to file notices of appeal is overruled. The appeals are dismissed.
Before Chief Justice Aboussie, Justices Kidd and Patterson
Dismissed for Want of Jurisdiction
Filed: August 12, 1999
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