Court of Civil Appeals of Texas, 2006

Juan Carlos Varela v. State

Juan Carlos Varela v. State
Court of Civil Appeals of Texas · Decided September 6, 2006

Juan Carlos Varela v. State

Opinion

In The



Court of Appeals



Ninth District of Texas at Beaumont



____________________



NO. 09-06-259 CR

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JUAN CARLOS VARELA, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 253rd District Court

Liberty County, Texas

Trial Cause No. CR25889




MEMORANDUM OPINION

We have before the Court an appeal by Juan Carlos Varela from a sentence pronounced April 25, 2006. On July 6, 2006, we denied appellant's motion for extension of time to file notice of appeal, because 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 16, 2006, 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; see Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519 (Tex. Crim. App. 1996). Appellant has not 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.



____________________________

DAVID GAULTNEY

Justice





Opinion Delivered September 6, 2006

Do Not Publish

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

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