Court of Civil Appeals of Texas, 2004

Mark Isaac v. State

Mark Isaac v. State
Court of Civil Appeals of Texas · Decided October 28, 2004

Mark Isaac v. State

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-04-00633-CR

Mark Isaac, Appellant v. The State of Texas, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 403RD JUDICIAL DISTRICT NO. 3041211, HONORABLE BRENDA KENNEDY, JUDGE PRESIDING

MEMORANDUM OPINION

Mark Isaac seeks to appeal from a judgment of conviction for possession of a controlled substance. Sentence was imposed on July 19, 2004. There was no motion for new trial.

The deadline for perfecting appeal was therefore August 18, 2004. Tex. R. App. P. 26.2(a)(1). A pro se notice of appeal was filed on September 15, 2004. 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 v. State, 918 S.W.2d 519, 522-23 (Tex. Crim. App. 1996).1

We also note that the trial court has certified, and the record confirms, that this is a plea bargain case and Isaac has no right of appeal. See Tex. R. App. P. 25.2(a)(2).

The appeal is dismissed.

__________________________________________ Bob Pemberton, Justice Before Chief Justice Law, Justices B. A. Smith and Pemberton Dismissed for Want of Jurisdiction Filed: October 28, 2004 Do Not Publish

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