Court of Civil Appeals of Texas, 1998

Timothy John Limon, AKA Uncle John, AKA Michael Limon v. State

Timothy John Limon, AKA Uncle John, AKA Michael Limon v. State
Court of Civil Appeals of Texas · Decided February 26, 1998

Timothy John Limon, AKA Uncle John, AKA Michael Limon v. State

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN






NO. 03-98-00042-CR


Timothy John Limon, AKA Uncle John, AKA Michael Limon, Appellant


v.



The State of Texas, Appellee








FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 26TH JUDICIAL DISTRICT

NO. 97-245-K26, HONORABLE BILLY RAY STUBBLEFIELD, JUDGE PRESIDING


PER CURIAM

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Do Not Publish

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