On October 31, 2000, Anthony Lee Gardner was sentenced to fifteen years in prison for sexually assaulting a child. On March 22, 2004, Gardner filed a motion for out of time appeal in the district court. See Tex. R. App. P. 26.2(a). The court overruled the motion and the record was forwarded to this Court. The court certified that this is a plea bargain case and Gardner has no right of appeal. See Tex. R. App. P. 25.2(d).

Because the notice of appeal was not timely, 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).

The appeal is dismissed.

__________________________________________

Jan P. Patterson, Justice

Before Chief Justice Law, Justices Patterson and Puryear

Dismissed for Want of Jurisdiction

Filed: June 24, 2004

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