TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
v.
The State of Texas, Appellee
NO. 64079, HONORABLE MARTHA J. TRUDO, JUDGE PRESIDING
On June 29, 2009, appellant Archie Terrell Scaife pleaded guilty to possessing more than one gram but less than four grams of cocaine in a school zone. See Tex. Health & Safety Code Ann. §§ 481.115(a), (c), .134(c) (West Supp. 2009). Appellant also admitted a previous felony conviction alleged for enhancement. The trial court accepted appellant's pleas, adjudged him guilty, and sentenced him to fifteen years' imprisonment as called for in a plea bargain agreement. Appellant filed a pro se notice of appeal on August 7, 2009. The trial court appointed an attorney to represent appellant on appeal, and counsel has filed a brief challenging the pretrial order overruling a motion to suppress evidence.
Because there was no motion for new trial, the notice of appeal was not timely. See Tex. R. App. P. 26.2(a)(1). No extension of time for filing notice of appeal was requested. See Tex. R. App. P. 26.3. The notice of appeal was not properly mailed to the district clerk within the time prescribed by rule 26.2(a). 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 (Tex. Crim. App.1998); Olivo v. State, 918 S.W.2d 519, 522-23 (Tex. Crim. App. 1996). (1)
The appeal is dismissed.
__________________________________________
J. Woodfin Jones, Chief Justice
Before Chief Justice Jones, Justices Pemberton and Waldrop
Dismissed for Want of Jurisdiction
Filed: June 3, 2010
Do Not Publish
1. The record also contains a waiver of appeal signed by appellant on the day sentence was imposed. Nevertheless, the trial court certified that appellant has the right to appeal pretrial rulings. See Tex. R. App. P. 25.2(a)(2). Even if we assume that the trial court intended to grant permission to appeal, the late notice of appeal does not invoke our jurisdiction.