Michael Bader v. State
Michael Bader v. State
Opinion
This is an appeal from a judgment of conviction for criminal trespass. Sentence was imposed on October 28, 1998. The deadline for either requesting a new trial or perfecting appeal was therefore November 27, 1998. Tex. R. App. P. 21.4(a), 26.2(a)(1). Both a motion for new trial and notice of appeal were filed on December 1, 1998. Because the motion for new trial was untimely, it did not extend the time for perfecting appeal. Tex. R. App. P. 26.2(a)(2). No extension of time for filing notice of appeal was requested. Tex. R. App. P. 26.3. There is no indication that notice of appeal was properly mailed to the district clerk within the time prescribed by rule 26.2(a). 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, No. 475-98 (Tex. Crim. App. Jan. 12, 1999); Olivo v. State, 918 S.W.2d 519, 523 (Tex. Crim. App. 1996).
The appeal is dismissed.
Before Chief Justice Aboussie, Justices Kidd and Patterson
Dismissed for Want of Jurisdiction
Filed: February 4, 1999
Do Not Publish
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