Timothy John Limon, AKA Uncle John, AKA Michael Limon v. State
Timothy John Limon, AKA Uncle John, AKA Michael Limon v. State
Opinion
A jury found appellant guilty of two counts of aggravated sexual assault and one count of indecency with a child. The jury assessed punishment at imprisonment for ninety-nine years for the two counts of aggravated sexual assault and at imprisonment for twenty years for the indecency with a child count.
Sentence was imposed on October 16, 1997. There was a timely motion for new trial. Notice of appeal was therefore due on January 14, 1998. Tex. R. App. P. 26.2(a)(2). Notice of appeal was filed on January 16, two days late. The notice was mailed on January 15, one day late. Tex. R. App. P. 9.2(b)(1)(C). No extension of time for filing notice of appeal was requested. Tex. R. App. P. 26.3. Without a timely filed notice of appeal, this Court is without jurisdiction. Rodarte v. State, 860 S.W.2d 108 (Tex. Crim. App. 1993); Shute v. State, 744 S.W.2d 96 (Tex. Crim. App. 1988). We lack jurisdiction to dispose of the purported appeal in any manner other than by dismissing it for want of jurisdiction. Olivo v. State, 918 S.W.2d 519, 523 (Tex. Crim. App. 1996); see Williams v. State, No. 03-97-00707-CR (Tex. App.--Austin Dec. 18, 1997, no pet.).
The appeal is dismissed.
Before Justices Powers, Aboussie and Jones
Dismissed for Want of Jurisdiction
Filed: February 26, 1998
Do Not Publish
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