Michael Anthony Moore v. State ( 1999 )


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    TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN






    NO. 03-99-00417-CR

    NO. 03-99-00418-CR


    Michael Anthony Moore, Appellant


    v.



    The State of Texas, Appellee






    FROM THE DISTRICT COURT OF TRAVIS COUNTY, 147TH JUDICIAL DISTRICT

    NO. 0985368 & 0983254, HONORABLE WILFORD FLOWERS, JUDGE PRESIDING


    PER CURIAM

    Michael Anthony Moore seeks to appeal from judgments of conviction for possession and delivery of cocaine. Sentence was imposed in each cause on June 4, 1999. There was no motion for new trial. The deadline for perfecting appeal was therefore July 5, 1999, extendable on motion to July 20, 1999. See Tex. R. App. P. 26.2(a)(1), 26.3. On July 2, Moore filed in this Court a motion for extension of time to file notice of appeal complaining that he was abandoned by counsel. Moore did not, however, file a formal notice of appeal in either cause.

    In a civil case, a notice of appeal mistakenly filed with the appellate court is deemed to have been filed the same day with the trial court clerk. See Tex. R. App. P. 25.1. There is no equivalent rule in criminal cases. See Tex. R. App. P. 25.2(b)(1). Thus, even if this Court were to treat Moore's motion as a notice of appeal, it would not be sufficient to invoke appellate jurisdiction. Under the circumstances, we lack jurisdiction to dispose of the purported appeals in any manner other than by dismissing them 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
    , 523 (Tex. Crim. App.
    1996).

    The motion for extension of time to file notices of appeal is overruled. The appeals are dismissed.



    Before Chief Justice Aboussie, Justices Kidd and Patterson

    Dismissed for Want of Jurisdiction

    Filed: August 12, 1999

    Do Not Publish

Document Info

Docket Number: 03-99-00417-CR

Filed Date: 8/12/1999

Precedential Status: Precedential

Modified Date: 9/5/2015