CISNEROS v. STATE, 03-04-00778-CR (Tex.App.-Austin [3rd Dist.] 2005)

ANTONIO CISNEROS, Appellant v. THE STATE OF TEXAS, Appellee.

No. 03-04-00778-CRCourt of Appeals of Texas, Third District, Austin.
Filed: January 18, 2005. DO NOT PUBLISH.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Appeal from the District Court of Travis County, 331st Judicial District No. 2042664, Honorable Bob Perkins, Judge Presiding.

Dismissed for Want of Jurisdiction.

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

MEMORANDUM OPINION
BOB PEMBERTON, Justice.

Antonio Cisneros seeks to appeal from a judgment of conviction for felony driving while intoxicated. Sentence was suspended and Cisneros was placed on community supervision on September 17, 2004. On the same day, Cisneros signed a written waiver of appeal. On November 23, 2004, Cisneros filed a pro se notice of out-of-time appeal. Because the notice of appeal was not timely, 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); Tex.R.App.P. 26.2(a)(1).

The appeal is dismissed.