Ramon De Los Santos v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN






NO. 03-07-00360-CR


Ramon De Los Santos, Appellant

v.



The State of Texas, Appellee






FROM THE DISTRICT COURT OF TRAVIS COUNTY, 390TH JUDICIAL DISTRICT

NO. D-1-DC-06-301255, HONORABLE FRED A. MOORE, JUDGE PRESIDING


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

Ramon De Los Santos seeks to appeal from a judgment of conviction for aggravated assault. Sentence was imposed on March 2, 2007, and there was a timely motion for new trial. The deadline for perfecting appeal was therefore May 31. See Tex. R. App. P. 26.2(a)(1). Notice of appeal was filed on June 11, 2007. No extension of time for filing notice of appeal was requested. See Tex. R. App. P. 26.3. We are advised that the notice of appeal was hand delivered and therefore the mailbox rule does not apply. See 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, 210 (Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519, 522-23 (Tex. Crim. App. 1996).



The appeal is dismissed.





__________________________________________

W. Kenneth Law, Chief Justice

Before Chief Justice Law, Justices Waldrop and Henson

Dismissed for Want of Jurisdiction

Filed: July 20, 2007

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