Court of Civil Appeals of Texas, 2004

Joseph Huerell v. State

Joseph Huerell v. State
Court of Civil Appeals of Texas · Decided August 26, 2004

Joseph Huerell v. State

Opinion

In The



Court of Appeals



Ninth District of Texas at Beaumont



____________________



NO. 09-04-295 CR

____________________



JOSEPH HUERELL, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 411th District Court

Polk County, Texas

Trial Cause No. 15196




MEMORANDUM OPINION (1)

We have before the Court an appeal by Joseph Huerell from a sentence pronounced April 2, 2004, and the appellant's motion for extension of time to file notice of appeal, filed August 4, 2004. The motion for extension of time is DENIED, as the motion was not filed within the time permitted under the rules of appellate procedure. Tex. R. App. P. 26.3(b). The notice of appeal was filed with the trial court on June 30, 2004, more than thirty days from the date sentence was imposed in open court. The Court finds the notice of appeal was not timely filed. Tex. R. App. P. 26.2. Olivo v. State, 918 S.W.2d 519 (Tex. Crim. App. 1996). It does not appear that appellant obtained an out-of-time appeal. The Court finds it is without jurisdiction to entertain this appeal. Accordingly, the appeal is dismissed for want of jurisdiction.

APPEAL DISMISSED.

PER CURIAM

Opinion Delivered August 26, 2004

Do Not Publish

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

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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.