TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-03-00020-CR

Dianna Luera Lopez, Appellant v. The State of Texas, Appellee

FROM THE DISTRICT COURT OF RUNNELS COUNTY, 119TH JUDICIAL DISTRICT NO. 4214, HONORABLE BEN WOODWARD, JUDGE PRESIDING

MEMORANDUM OPINION

Dianna Luera Lopez seeks to appeal from an order revoking probation. Sentence was imposed on October 23, 2002. The deadline for filing a motion for new trial was therefore November 22, 2002. Tex. R. App. P. 21.4(a). The motion for new trial was filed December 20, 2002. Because the motion for new trial was not timely, the notice of appeal filed January 3, 2003, also was not timely. 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Before Chief Justice Law, Justices B. A. Smith and Puryear Dismissed for Want of Jurisdiction Filed: February 6, 2003 Do Not Publish