Analverto Padilla v. State

In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-15-00098-CR ____________________ ANALVERTO PADILLA, Appellant V. THE STATE OF TEXAS, Appellee _______________________________________________________ ______________ On Appeal from the 9th District Court Montgomery County, Texas Trial Cause No. 14-03-03231 CR ________________________________________________________ _____________ MEMORANDUM OPINION The trial court sentenced Analverto Padilla on September 11, 2014. Padilla filed a notice of appeal on March 5, 2015. We notified the parties that Padilla filed his notice of appeal too late to perfect an appeal. See Tex. R. App. P. 25.2(b). Padilla filed a response, but failed to establish that his notice of appeal was timely filed or that the Texas Court of Criminal Appeals granted an out-of-time appeal as habeas relief. See generally Tex. R. App. P. 73. 1 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. The Court finds it is without jurisdiction to entertain this appeal. Accordingly, we dismiss the appeal for want of jurisdiction. APPEAL DISMISSED. ________________________________ STEVE McKEITHEN Chief Justice Submitted on April 7, 2015 Opinion Delivered April 8, 2015 Do Not Publish Before McKeithen, C.J., Kreger and Johnson, JJ. 2