Roderick Dewayne McKinney v. The State of Texas--Appeal from 252nd District Court of Jefferson County
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In The Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-11-00235-CR _________________ RODERICK DEWAYNE McKINNEY, Appellant V. THE STATE OF TEXAS, Appellee __________________________________________________________________ On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 10-08731 _______________________________________________________________ ___ ______ MEMORANDUM OPINION Roderick Dewayne McKinney appealed from a sentence pronounced on February 28, 2011. The notice of appeal was filed with the trial court on May 11, 2011, more than thirty days from the date of sentencing and outside the time for requesting an extension of time for filing the notice of appeal. We notified the parties that the notice of appeal did not appear to have been timely filed. We received no response. 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 Criminal Appeals. The Court finds it is without jurisdiction to entertain this appeal. Accordingly, the appeal is dismissed for want of jurisdiction. APPEAL DISMISSED. _________________________________ DAVID GAULTNEY Justice Opinion Delivered June 29, 2011 Do Not Publish Before McKeithen, C.J., Gaultney and Horton, JJ. 2
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