Franco v. State

Full title: MARTIN FRANCO, JR., Appellant v. THE STATE OF TEXAS, Appellee

Court: Court of Appeals of Texas, Third District, Austin

Date published: Jan 8, 2004

No. 03-03-00722-CR (Tex. App. Jan. 8, 2004)

Opinion

No. 03-03-00722-CR

Filed January 8, 2004. DO NOT PUBLISH.

Appeal from the District Court of Llano County, 33rd Judicial District, No. 4357, Honorable Clayton E. Evans, Judge Presiding. Dismissed.

Before Chief Justice LAW, Justices B.A. SMITH and PATTERSON.

MEMORANDUM OPINION

JAN P. PATTERSON, Justice.

Martin Franco, Jr., was convicted of aggravated robbery in May 1992. On November 20, 2003, he filed what he styled his "late notice of appeal." Clearly, the notice of appeal is too late. See Tex.R.App.P. 26.2(a). If Franco believes that he is entitled to an out-of-time appeal, he must pursue that remedy by means of a post-conviction habeas corpus proceeding. See Tex. Code Crim. Proc. Ann. art. 11.07 (West Supp. 2004). 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.