TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-05-00670-CR

Timothy Franks, Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 403RD JUDICIAL DISTRICT

NO. 3032462, HONORABLE DONALD LEONARD, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

Timothy Franks seeks to appeal from a judgment of conviction for murder. Sentence was imposed on August 5, 2005. There was no motion for new trial. The deadline for perfecting appeal was therefore September 6, 2005. Tex. R. App. P. 4.1(a), 26.2(a)(1). Notice of appeal was filed on September 27, 2005. 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.

                                                __________________________________________

                                                G. Alan Waldrop, Justice

Before Chief Justice Law, Justices Pemberton and Waldrop

Dismissed for Want of Jurisdiction

Filed: October 20, 2005

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