TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-08-00402-CR

Harold Newton King, Appellant v. The State of Texas, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 147TH JUDICIAL DISTRICT NO. D-1-DC-07-200435, HONORABLE JON N. WISSER, JUDGE PRESIDING

MEMORANDUM OPINION

Harold Newton King seeks to appeal a judgment of conviction for assault with family violence. Sentence was imposed on June 6, 2007. There was no motion for new trial. The deadline for perfecting appeal was therefore July 6, 2007. Tex. R. App. P. 26.2(a)(1). King’s pro se notice of appeal was filed on June 4, 2008. 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). If King is entitled to an out-of-time appeal, he must seek it by means of a post-conviction application for writ of habeas corpus. See Tex. Code Crim. Proc. Ann. art. 11.07 (West Supp. 2007). King’s motion for extension of time to file brief is dismissed.

The appeal is dismissed.

__________________________________________ Jan P. Patterson, Justice Before Justices Patterson, Waldrop and Henson Dismissed for Want of Jurisdiction Filed: July 23, 2008 Do Not Publish