Ricky Lynn Foxworth v. The State of Texas--Appeal from 411th District Court of Polk County
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In The Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-11-00241-CR NO. 09-11-00242-CR _________________ RICKY LYNN FOXWORTH, Appellant V. THE STATE OF TEXAS, Appellee ________________________________________________________________________ On Appeal from the 411th District Court Polk County, Texas Trial Cause Nos. 20280 and 20090 ________________________________________________________________________ MEMORANDUM OPINION Ricky Lynn Foxworth appealed the judgments of conviction from sentences pronounced on October 27, 2010. The notices of appeal were filed with the trial court on May 12, 2011, more than thirty days from the date of sentencing and outside the time for requesting an extension of time for filing the notices of appeal. We notified the parties that the notices of appeal did not appear to have been timely filed. Foxworth filed a response, but failed to demonstrate appellate jurisdiction in that response. 1 The Court finds that the notices of appeal were 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 out-of-time appeals from the Court of Criminal Appeals. The Court finds it is without jurisdiction to entertain these appeals. Accordingly, the appeals are dismissed for want of jurisdiction. APPEALS DISMISSED. ________________________________ HOLLIS HORTON Justice Opinion Delivered July 13, 2011 Do Not Publish Before McKeithen, C.J., Gaultney and Horton, JJ. 2
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