Ex Parte Marshall Keith Washington--Appeal from 252nd District Court of Jefferson County

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In The Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-11-00135-CR _________________ EX PARTE MARSHALL KEITH WASHINGTON ________________________________________________________________________ On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 09-07411 ________________________________________________________________________ MEMORANDUM OPINION Marshall Keith Washington appeals the trial court s order of January 28, 2011, that denied his motion for bail reduction. The notice of appeal was filed on April 6, 2011, more than thirty days from the date of the order.1 On April 21, 2011, we notified the parties that the notice of appeal did not appear to have been timely filed. The Court finds that the notice of appeal was not timely filed. See Tex. R. App. P. 26.2. No motion for extension of time was timely filed pursuant to Tex. R. App. P. 26.3. It does not appear that appellant obtained an out-of-time appeal from the Court of 1 Washington filed an original petition for writ of habeas corpus with this Court on March 23, 2011. After we informed Washington that we lack jurisdiction of original applications for writ of habeas corpus in criminal matters, Washington filed a notice of appeal on April 6, 2011. 1 Criminal Appeals. The Court finds it is without jurisdiction to entertain this appeal. Accordingly, we dismiss the appeal for want of jurisdiction. APPEAL DISMISSED. ________________________________ HOLLIS HORTON Justice Opinion Delivered May 18, 2011 Do Not Publish Before Gaultney, Kreger, and Horton, JJ. 2

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