Albert Wendell Sells v. the State of Texas ( 2024 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-24-00230-CR
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ALBERT WENDELL SELLS, Appellant
V.
THE STATE OF TEXAS, Appellee
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On Appeal from the Criminal District Court
Jefferson County, Texas
Trial Cause No. F19-33290-0
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MEMORANDUM OPINION
On June 28, 2024, Albert Wendell Sells filed a notice of appeal from a
sentence pronounced on August 4, 2022, in Trial Cause Number F19-33290-0. This
is the second time Sells filed a notice of appeal regarding this case. On February 1,
2023, we dismissed Sells’ appeal because the notice of appeal had not been timely
filed. See Sells v. State, No. 09-22-00408-CR, 2023 WL 1431166, at *1 (Tex.
App.—Beaumont Feb. 1, 2023, no pet.) (mem. op., not designated for publication).
When a defendant appeals from a conviction in a criminal case, the time to
file a notice of appeal runs from the date sentence is imposed or suspended in open
court. See Tex. R. App. P. 26.2(a). The notice of appeal must be filed “within 90
days after the day sentence is imposed or suspended in open court if the defendant
timely files a motion for new trial.” Id. 26.2(a)(2). Sells filed a notice of appeal on
June 28, 2024, more than 90 days after the date the trial court imposed the sentence.
On July 3, 2024, the Clerk of the Court notified the parties that the appeal
would be dismissed unless a party established that the notice of appeal was timely
filed. No party filed a response. Furthermore, the Court has received nothing from
the Court of Criminal Appeals stating that the Court of Criminal Appeals has granted
an out-of-time appeal. We dismiss the appeal for lack of jurisdiction. See Tex. R.
App. P. 43.2(f).
APPEAL DISMISSED.
PER CURIAM
Submitted on July 30, 2024
Opinion Delivered July 31, 2024
Do Not Publish
Before Johnson, Wright and Chambers, JJ.