TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-02-00807-CR

Gabriel Edgar Saucedo Infante, Appellant v. The State of Texas, Appellee

FROM THE DISTRICT COURT OF CALDWELL COUNTY, 274TH JUDICIAL DISTRICT NO. 2002-002, HONORABLE CLAUDE D. DAVIS, JUDGE PRESIDING

MEMORANDUM OPINION

Gabriel Edgar Saucedo Infante seeks to appeal a conviction for aggravated kidnapping and conspiracy. Sentence was imposed on August 28, 2002. The motion for new trial filed September 30, 2002, was not timely and did not serve to extend the time for perfecting appeal. See Tex. R. App. P. 21.4(a). In fact, the notice of appeal filed December 3, 2002, was untimely in any case. See Tex. R. App. P. 26.2(a). Under the circumstances, we lack jurisdiction to dispose of the purported appeal in any manner other than by dismissing it for want of jurisdiction. Slaton v. State, 981 S.W.2d 208 (Tex. Crim.

App. 1998); Olivo v. State, 918 S.W.2d 519, 522-23 (Tex. Crim. App. 1996).

The appeal is dismissed.

__________________________________________ Bea Ann Smith, Justice Before Chief Justice Law, Justices B. A. Smith and Puryear Dismissed for Want of Jurisdiction Filed: February 13, 2003 Do Not Publish