Orvin Wayne Apgar, Sr. v. The State of Texas--Appeal from 9th District Court of Montgomery County

In The
Court of Appeals
Ninth District of Texas at Beaumont
____________________
NO. 09-07-361 CR
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ORVIN WAYNE APGAR, SR., Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 9th District Court
Montgomery County, Texas
Trial Cause No. 06-12-11890-CR
MEMORANDUM OPINION

We have before the Court an appeal by Orvin Wayne Apgar, Sr., from a sentence pronounced on December 13, 2006. The notice of appeal was filed with the trial court on July 3, 2007, 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 Criminal Appeals. The Court finds it is without jurisdiction to entertain this appeal. Accordingly, the appeal is dismissed for want of jurisdiction.

APPEAL DISMISSED.

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CHARLES KREGER

Justice

 

Opinion Delivered September 12, 2007

Do not publish

 

Before Gaultney, Kreger, and Horton, JJ.