Alpha James Badeaux v. State

• Court: Court of Appeals of Texas
• Decided: June 25, 2015
• Docket: 09-15-00176-CR
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-15-00175-CR NO. 09-15-00176-CR NO. 09-15-00177-CR ____________________

ALPHA JAMES BADEAUX, Appellant

V.

THE STATE OF TEXAS, Appellee _______________________________________________________ ______________

On Appeal from the 359th District Court Montgomery County, Texas Trial Cause No. 05-02-01288 CR (Counts 1, 2 and 3) ________________________________________________________ _____________

MEMORANDUM OPINION

On April 28, 2015, Alpha James Badeaux filed notices of appeal concerning

his convictions for indecency with a child by contact, aggravated sexual assault on

a child and burglary of a habitation in trial court case number 05-02-01288 CR. We

notified the parties that the notices of appeal had not been filed within the time

required for perfecting appeals. Badeaux filed a motion for an extension of time to

file his notices of appeal.

1 The trial court sentenced Badeaux on October 26, 2005. The convictions

were affirmed on appeal and the Texas Court of Criminal Appeals refused

Badeaux’s petition for discretionary review. See generally Badeaux v. State, No.

09-05-489-CR, 2007 WL 1052439, at *1 (Tex. App.—Beaumont Apr. 4, 2007, pet.

ref’d) (mem. op.) (not designated for publication). A federal court subsequently

denied with prejudice Badeaux’s petition for writ of habeas corpus. See generally

Badeaux v. Thaler, No. H-09-4127, 2011 WL 863617 (S.D. Tex. Mar. 9, 2011)

(mem. op.) (not designated for publication). The notices of appeal at issue here

were filed after Badeaux’s convictions were final and not subject to direct appeal.

We deny the appellant’s motion for extension of time to file notice of appeal and

we dismiss the appeals for lack of jurisdiction.

APPEALS DISMISSED.

________________________________ STEVE McKEITHEN Chief Justice

Submitted on June 23, 2015 Opinion Delivered June 24, 2015 Do Not Publish

Before McKeithen, C.J., Horton and Johnson, JJ.