In The
Court of Appeals
Ninth District of Texas at Beaumont
____________________
NO. 09-15-00175-CR
NO. 09-15-00176-CR
NO. 09-15-00177-CR
____________________
ALPHA JAMES BADEAUX, Appellant
V.
THE STATE OF TEXAS, Appellee
_______________________________________________________ ______________
On Appeal from the 359th District Court
Montgomery County, Texas
Trial Cause No. 05-02-01288 CR (Counts 1, 2 and 3)
________________________________________________________ _____________
MEMORANDUM OPINION
On April 28, 2015, Alpha James Badeaux filed notices of appeal concerning
his convictions for indecency with a child by contact, aggravated sexual assault on
a child and burglary of a habitation in trial court case number 05-02-01288 CR. We
notified the parties that the notices of appeal had not been filed within the time
required for perfecting appeals. Badeaux filed a motion for an extension of time to
file his notices of appeal.
1
The trial court sentenced Badeaux on October 26, 2005. The convictions
were affirmed on appeal and the Texas Court of Criminal Appeals refused
Badeaux’s petition for discretionary review. See generally Badeaux v. State, No.
09-05-489-CR, 2007 WL 1052439, at *1 (Tex. App.—Beaumont Apr. 4, 2007, pet.
ref’d) (mem. op.) (not designated for publication). A federal court subsequently
denied with prejudice Badeaux’s petition for writ of habeas corpus. See generally
Badeaux v. Thaler, No. H-09-4127, 2011 WL 863617 (S.D. Tex. Mar. 9, 2011)
(mem. op.) (not designated for publication). The notices of appeal at issue here
were filed after Badeaux’s convictions were final and not subject to direct appeal.
We deny the appellant’s motion for extension of time to file notice of appeal and
we dismiss the appeals for lack of jurisdiction.
APPEALS DISMISSED.
________________________________
STEVE McKEITHEN
Chief Justice
Submitted on June 23, 2015
Opinion Delivered June 24, 2015
Do Not Publish
Before McKeithen, C.J., Horton and Johnson, JJ.
2