Matthew Dillon Whitmire v. State

• Court: Court of Appeals of Texas
• Decided: November 20, 2008
• Docket: 09-08-00405-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

______________________

NO. 09-08-405 CV ______________________

MATTHEW DILLON WHITMIRE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 75th District Court

Liberty County, Texas

Trial Court No. 24638

MEMORANDUM OPINION

On October 9, 2008, we notified the parties that the notice of appeal did not appear to have been timely filed. The appellant filed a reply to our correspondence. On January 31, 2006, the trial court signed an order to withhold funds from Whitmire's inmate trust account. See Tex. Gov't Code Ann. § 501.014 (Vernon 2004). If the order was appealable, ⁽¹⁾ notice of appeal was due to be filed on March 2, 2006. See Tex. R. App. P. 26.1. Appellant filed notice of appeal on September 22, 2008, more than thirty days from the date of the order and outside the time for which we may grant an extension of time to perfect appeal. See Tex. R. App. P. 26.3. This Court lacks jurisdiction over this appeal.

Accordingly, we dismiss the appeal for lack of jurisdiction.

APPEAL DISMISSED.

___________________________

DAVID GAULTNEY

Justice

Opinion Delivered November 20, 2008

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

1. Compare Reed v. State, No. 04-07-00004 CV, 2008 WL 2714463, *3 (Tex. App.--San Antonio, Jul. 9, 2008, no pet.), with Harrell v. State, Nos. 07-06-0469 CR, 07-06-0470 CR, 2007 WL 2301350 (Tex. App.--Amarillo Aug. 13, 2007, pet granted)(mem. op.).