Lloyd Forrest Lowe v. State

• Court: Court of Appeals of Texas
• Decided: May 17, 2006
• Docket: 09-06-00083-CR
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

____________________

NO. 09-06-083 CR

LLOYD FORREST LOWE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 75th District Court

Liberty County, Texas

Trial Cause No. CR-25624

MEMORANDUM OPINION

We have before the Court an appeal by Lloyd Forrest Lowe from a sentence pronounced January 24, 2006, and the appellant's motion for extension of time to file notice of appeal, filed May 4, 2006. 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 February 24, 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. 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.

____________________________

HOLLIS HORTON

Justice

Opinion Delivered May 17, 2006

Do Not Publish

Before Gaultney, Kreger, and Horton, JJ.