Mark Green v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-10-00864-CR Mark Green, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF TRAVIS COUNTY, 299TH JUDICIAL DISTRICT NO. D-1-DC-10-904077, HONORABLE CHARLES F. BAIRD, JUDGE PRESIDING MEMORANDUM OPINION Appellant Mark Green seeks to appeal a judgment of conviction for the offense of evading arrest. Sentence was imposed in open court on September 21, 2010, and no motion for new trial was filed. Accordingly, Green had 30 days to file his notice of appeal. See Tex. R. App. P. 26.2(a)(1). However, his notice of appeal was not filed until December 8, 2010. 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. __________________________________________ Bob Pemberton, Justice Before Justices Puryear, Pemberton and Rose Dismissed for Want of Jurisdiction Filed: February 25, 2011 Do Not Publish 2