Larry James Horton v. The State of Texas--Appeal from 411th District Court of Polk County

In The
Court of Appeals
Ninth District of Texas at Beaumont
____________________
NO. 09-06-232 CR
____________________
LARRY JAMES HORTON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 411th District Court
Polk County, Texas
Trial Cause No. 18436
MEMORANDUM OPINION

We have before the Court an appeal by Larry James Horton from a sentence pronounced January 4, 2006. The notice of appeal was filed with the trial court on May 15, 2006, more than ninety days from the date of sentencing. We notified the parties that the appeal did not appear to have been timely filed. The appellant did not supply an affidavit or otherwise establish that notice of appeal was filed within the time permitted for perfecting appeal. The court finds the notice of appeal was not timely filed. Tex. R. App. P. 26.2. No extension of time was timely requested pursuant to Tex. R. App. P. 26.3. It does not appear that appellant obtained an out-of-time appeal. The Court finds it is without jurisdiction to entertain this appeal. Accordingly, the appeal is dismissed for want of jurisdiction.

APPEAL DISMISSED.

___________________________

HOLLIS HORTON

Justice

 

Opinion Delivered July 26, 2006

Do Not Publish

Before Gaultney, Kreger and Horton, JJ.