J. B. Johnston v. State of Texas
J. B. Johnston v. State of Texas
Opinion
This is an appeal from a judgment of conviction for sexual assault and indecency with a child. Sentence was imposed on July 29, 1999. There was no motion for new trial. The deadline for perfecting appeal was therefore August 30, 1999. Tex. R. App. P. 26.2(a)(1). Notice of appeal and a contemporaneous motion for extension of time were filed on November 3, 1999. The extension motion was not timely filed and must be overruled. See Olivo v. State, 918 S.W.2d 519, 523 (Tex. Crim. App. 1996); Tex. R. App. P. 26.3. 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, 918 S.W.2d at 523.
The appeal is dismissed.
Before Chief Justice Aboussie, Justices B. A. Smith and Yeakel
Dismissed for Want of Jurisdiction
Filed: December 9, 1999
Do Not Publish
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