Deandra Bernard Russell v. The State of Texas Appeal from 258th District Court of Polk County (memorandum opinion)
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In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-17-00087-CR ____________________ DEANDRA BERNARD RUSSELL, Appellant V. THE STATE OF TEXAS, Appellee _______________________________________________________ ______________ On Appeal from the 258th District Court Polk County, Texas Trial Cause No. 24,154 ________________________________________________________ _____________ MEMORANDUM OPINION The trial court sentenced Deandra Bernard Russell on June 6, 2016. Russell filed a notice of appeal on March 22, 2017. In a criminal case, the appeal must be filed within thirty days of the date the sentence is imposed, or within ninety days if the defendant files a motion for new trial. Tex. R. App. P. 26.2(a)(1). Given the nearly nine month delay in Russell’s filing her notice of appeal, we notified the parties that Russell had filed her notice of appeal too late to perfect an appeal. See Tex. R. App. P. 25.2(b) (“In a criminal case, appeal is perfected by timely filing a 1 sufficient notice of appeal.”). Russell filed a response, but in it, she failed to articulate a valid basis explaining why we could exercise jurisdiction over her appeal. The Court finds that the notice of appeal was not timely filed. See Tex. R. App. P. 26.2(a)(1). Russell also did not file a motion for extension of time to file her appeal. See Tex. R. App. P. 26.3. The Court finds it is without jurisdiction to entertain Russell’s appeal. Accordingly, Russell’s appeal is dismissed for lack of jurisdiction. APPEAL DISMISSED. ________________________________ HOLLIS HORTON Justice Submitted on May 16, 2017 Opinion Delivered May 17, 2017 Do Not Publish Before McKeithen, C.J., Horton and Johnson, JJ. 2
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