Court of Civil Appeals of Texas, 2006

Larry James Horton v. State

Larry James Horton v. State
Court of Civil Appeals of Texas · Decided July 26, 2006

Larry James Horton v. State

Opinion

In The



Court of Appeals



Ninth District of Texas at Beaumont



____________________



NO. 09-06-232 CR

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LARRY JAMES HORTON, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 411th District Court

Polk County, Texas

Trial Cause No. 18436




MEMORANDUM OPINION

We have before the Court an appeal by Larry James Horton from a sentence pronounced January 4, 2006. The notice of appeal was filed with the trial court on May 15, 2006, more than ninety days from the date of sentencing. We notified the parties that the appeal did not appear to have been timely filed. The appellant did not supply an affidavit or otherwise establish that notice of appeal was filed within the time permitted for perfecting appeal. The court finds the notice of appeal was not timely filed. Tex. R. App. P. 26.2. No extension of time was timely requested pursuant to Tex. R. App. P. 26.3. 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.

___________________________

HOLLIS HORTON

Justice



Opinion Delivered July 26, 2006

Do Not Publish

Before Gaultney, Kreger and Horton, JJ.

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