Duane Michael Butler v. The State of Texas--Appeal from 260th District Court of Orange County

In The
Court of Appeals
Ninth District of Texas at Beaumont
____________________
NO. 09-07-513 CR
____________________
DUANE MICHAEL BUTLER, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 260th District Court
Orange County, Texas
Trial Cause No. D-030576-R
MEMORANDUM OPINION

Duane Michael Butler appealed from a sentence imposed on August 27, 2004. Butler filed a notice of appeal with the trial court on October 4, 2007, more than thirty days from the date of sentencing and outside the time allowed for requesting an extension of time for filing notice of appeal. We notified the parties that the notice of appeal did not appear to have been timely filed. The appellant filed a response but did not show that he timely perfected appeal.

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.

 

________________________________

STEVE McKEITHEN

Chief Justice

 

Opinion Delivered November 28, 2007

Do Not Publish

 

Before McKeithen, C.J., Gaultney and Horton, JJ.