Eric Mosais Mojica v. State







TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN






NO. 03-99-00626-CR


Eric Mosais Mojica, Appellant


v.



The State of Texas, Appellee






FROM THE DISTRICT COURT OF CALDWELL COUNTY, 274TH JUDICIAL DISTRICT

NO. 98-138, HONORABLE ROBERT T. PFEUFFER, JUDGE PRESIDING


PER CURIAM

This is an appeal from a judgment of conviction for possession of cocaine. Sentence was imposed on June 23, 1999. There was no motion for new trial. The deadline for perfecting appeal was therefore July 23, 1999. Tex. R. App. P. 26.2(a)(1). Notice of appeal was filed on August 2, 1999. No extension of time for filing notice of appeal was requested. Tex. R. App. P. 26.3. There is no indication that notice of appeal was properly mailed to the district clerk within the time prescribed by rule 26.2(a). Tex. R. App. P. 9.2(b). Under the circumstances, we lack 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 B. A. Smith and Yeakel

Dismissed for Want of Jurisdiction

Filed: October 14, 1999

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