Larry James Horton v. State

In The

Court of Appeals

Ninth District of Texas at Beaumont ____________________

NO. 09-07-441 CR ____________________

LARRY JAMES HORTON, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 411th District Court Polk County, Texas Trial Cause No. 18,436

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MEMORANDUM OPINION

Larry James Horton appealed from a sentence imposed on January 4, 2006. Horton filed notice of appeal with the trial court on August 16, 2007, more than ninety days from the date of sentencing and outside the time allowed for requesting an extension of time for filing notice of appeal. We did not receive a response to our notice that the appeal had not been timely perfected.

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.

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STEVE McKEITHEN

Chief Justice

Opinion Delivered October 10, 2007

Do Not Publish

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