TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-04-00329-CR

Anthony Lee Gardner, Appellant v. The State of Texas, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 147TH JUDICIAL DISTRICT NO. 0001942, HONORABLE WILFORD FLOWERS, JUDGE PRESIDING

MEMORANDUM OPINION

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Before Chief Justice Law, Justices Patterson and Puryear Dismissed for Want of Jurisdiction Filed: June 24, 2004 Do Not Publish