Ronnie Alexander Smith, Jr. v. State

In The



Court of Appeals



Ninth District of Texas at Beaumont



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NO. 09-07-569 CR

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RONNIE ALEXANDER SMITH, JR., Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 260th District Court

Orange County, Texas

Trial Cause No. D-060558-R




MEMORANDUM OPINION

On November 14, 2007, Ronnie Alexander Smith, Jr. filed a notice of appeal from a sentence imposed on December 18, 2006. The notice of appeal was filed with the trial court more than thirty days from the date of sentencing and outside the time for requesting an extension of time for filing the notice of appeal. We notified the parties that the notice of appeal did not appear to have been timely filed. Appellant filed a response.

The Court finds that the notice of appeal was 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 an out-of-time appeal from the Court of Criminal Appeals. The Court finds it is without jurisdiction to entertain this appeal. Accordingly, the appeal is dismissed for want of jurisdiction.

APPEAL DISMISSED.

HOLLIS HORTON

Justice



Opinion Delivered December 19, 2007

Do Not Publish

Before Gaultney, Kreger, and Horton, JJ.