Ex Parte: Jimmy Ray Adams--Appeal from 124th District Court of Gregg County

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In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________ No. 06-09-00102-CR ______________________________ EX PARTE: JIMMY RAY ADAMS On Appeal from the 124th Judicial District Court Gregg County, Texas Trial Court No. 19,549-B Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Chief Justice Morriss MEMORANDUM OPINION Jimmy Ray Adams attempts to appeal the denial of his post-conviction application for writ of habeas corpus. The trial court denied Adams' application January 9, 2009. Thus, Adams' notice of appeal was due to be filed on or before February 9, 2009. See TEX . R. APP . P. 26.2, 4.1. A motion for extension of time to file the notice of appeal was due to be filed on or before February 23, 2009. See TEX . R. APP . P. 26.3. No motion for extension of time was filed. Adams' pro se notice of appeal was not filed until May 13, 2009. A timely notice of appeal is necessary to invoke this Court's jurisdiction. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). Adams has failed to perfect his appeal. Accordingly, we dismiss the appeal for want of jurisdiction. Josh R. Morriss, III Chief Justice Date Submitted: Date Decided June 8, 2009 June 9, 2009 Do Not Publish 2

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