IN THE TENTH COURT OF APPEALS No. 10-11-00311-CR JAMES RAY HAYNES, Appellant v. THE STATE OF TEXAS, Appellee

From the 66th District Court Hill County, Texas Trial Court No. 36,168

MEMORANDUM OPINION

James Ray Haynes attempts to appeal from his conviction for the offense of theft.

The record indicates that sentence was imposed on May 11, 2011. By letter dated September 20, 2011, the Clerk of this Court notified Haynes that the appeal was subject to dismissal because it appeared that the notice of appeal was untimely. See TEX. R. APP. P. 26.2(a)(1). The Clerk also warned Haynes that the appeal would be dismissed unless, within 21 days of the date of the letter, a response was filed showing grounds for continuing the appeal. See TEX. R. APP. P. 44.3. We received a response from Haynes; however, it does not provide grounds for continuing the appeal.

Accordingly, this appeal is dismissed.

AL SCOGGINS Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins Appeal dismissed Opinion delivered and filed October 19, 2011 Do not publish [CR25]

Haynes v. State Page 2