Stephen Richard Spradling v. State

In The



Court of Appeals



Ninth District of Texas at Beaumont



____________________



NO. 09-03-055 CR

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STEPHEN RICHARD SPRADLING, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 252nd District Court

Jefferson County, Texas

Trial Cause No. 86032




MEMORANDUM OPINION (1)

We have before the Court an appeal by Stephen Richard Spradling from a sentence pronounced December 11, 2002. No motion for new trial was timely filed. The notice of appeal was filed with the trial court on January 13, 2003, more than thirty days from the date sentence was imposed in open court. We notified the parties that the appeal did not appear to have been timely filed, but received no reply. The Court finds the notice of appeal was not timely filed. Tex. R. App. P. 26.2. No extension of time was timely requested pursuant to Tex. R. App. P. 26.3. It does not appear that appellant obtained an out-of-time appeal. The Court finds it is without jurisdiction to entertain this appeal.

It is therefore ORDERED that the appeal of this cause be DISMISSED for want of jurisdiction.

APPEAL DISMISSED.

PER CURIAM





Opinion Delivered March 27, 2003

Do Not Publish



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

1. Tex. R. App. P. 47.4.