TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-04-00195-CR

David Mills, Appellant v. The State of Texas, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 390TH JUDICIAL DISTRICT NO. 3013490, HONORABLE JULIE H. KOCUREK, JUDGE PRESIDING

MEMORANDUM OPINION

David Mills seeks to appeal from a judgment of conviction for assault. Sentence was suspended on November 14, 2003. There was no motion for new trial. The deadline for perfecting appeal was therefore December 15, 2003. Tex. R. App. P. 26.2(a)(1). Notice of appeal was filed on February 9, 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).

The appeal is dismissed.

__________________________________________ W. Kenneth Law, Chief Justice Before Chief Justice Law, Justices Patterson and Puryear Dismissed for Want of Jurisdiction Filed: April 22, 2004 Do Not Publish