# Shawn Siddique Abbasi v. State

> Texas Court of Appeals, 3rd District (Austin) · March 21, 2012

URL: https://www.frixlaw.com/law-library/cases/2955909

## Case

- **Court:** Texas Court of Appeals, 3rd District (Austin)
- **Decided:** March 21, 2012
- **Precedential status:** Published
- **Opinion:** Opinion
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/2955909

## How later opinions describe it (automated extraction)

- concluding that when belated notice of appeal is filed without timely motion for extension of time appellate court must dismiss purported appeal for lack of jurisdiction
- holding that amendments to rules of appellate procedure did not affect Olivo’s rationale requiring timely notice of appeal to vest appellate court with jurisdiction

## Opinion text

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-12-00043-CR

Shawn Siddique Abbasi, Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 147TH JUDICIAL DISTRICT
NO. D-1-DC-11-904090, HONORABLE CLIFFORD BROWN, JUDGE PRESIDING

MEMORANDUM OPINION

Shawn Siddique Abbasi seeks to appeal from a judgment of conviction for the

second-degree felony of attempted sexual assault. See Tex. Penal Code Ann. § 15.01 (West 2011).

The district court imposed sentence on December 9, 2011, and there was no timely motion for new

trial; thus the deadline for perfecting appeal was January 9, 2012. See Tex. R. App. P. 26.2(a)(1).

Abbasi filed his notice of appeal on January 18, 2012. He did not request an extension of time for

filing the notice of appeal. See Tex. R. App. P. 26.3. Nor is there any indication that he properly

mailed his notice of appeal to the district clerk within the time prescribed by Rule 26.2(a)(1). See

Tex. R. App. P. 9.2(b)(1)(C), 26.2(a)(1).
Under the circumstances, we lack jurisdiction to dispose of this purported appeal

in any manner other than by dismissing it for want of jurisdiction.1 Olivo v. State, 918 S.W.2d 519,

522-23 (Tex. Crim. App. 1996) (concluding that when belated notice of appeal is filed without

timely motion for extension of time appellate court must dismiss purported appeal for lack

of jurisdiction); see Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (holding that

amendments to rules of appellate procedure did not affect Olivo’s rationale requiring timely notice

of appeal to vest appellate court with jurisdiction).

The appeal is dismissed for want of jurisdiction.

__________________________________________

Jeff Rose, Justice

Before Chief Justice Jones, Justices Pemberton and Rose

Dismissed for Want of Jurisdiction

Filed: March 21, 2012

Do Not Publish

1
Any remedy Abbasi may have would be sought before the Texas Court of Criminal
Appeals. See Tex. Code Crim. Proc. Ann. art. 11.07 (West Supp. 2011).

2

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/2955909. Public record. Not legal advice.