Mark Green, Appellant v. The State of Texas, Appellee

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Court of Appeals of Texas, Austin.

Mark Green, Appellant v. The State of Texas, Appellee

NO. 03-10-00864-CR

Decided: February 25, 2011

Before Justices Puryear, Pemberton and Rose

M E M O R A N D U M O P I N I O N

Appellant Mark Green seeks to appeal a judgment of conviction for the offense of evading arrest.   Sentence was imposed in open court on September 21, 2010, and no motion for new trial was filed.   Accordingly, Green had 30 days to file his notice of appeal.   See Tex.R.App. P. 26.2(a)(1).   However, his notice of appeal was not filed until December 8, 2010.   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, 210 (Tex.Crim.App.1998);  Olivo v. State, 918 S.W.2d 519, 522-23 (Tex.Crim.App.1996).

The appeal is dismissed.

Bob Pemberton, Justice

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