Mitchell Corey Knighton v. State

• Court: Court of Appeals of Texas
• Decided: February 4, 2015
• Docket: 09-15-00006-CR
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-15-00006-CR ____________________

MITCHELL COREY KNIGHTON, Appellant

V.

THE STATE OF TEXAS, Appellee _______________________________________________________ ______________

On Appeal from the 411th District Court Polk County, Texas Trial Cause No. 22233 ________________________________________________________ _____________

MEMORANDUM OPINION

The trial court sentenced Mitchell Corey Knighton on November 25, 2013.

Knighton filed a notice of appeal on August 14, 2014. We notified the parties that

Knighton filed his notice of appeal too late to perfect an appeal. See Tex. R. App.

P. 25.2(b). Knighton filed a response, requesting an out of time appeal, but failed

to establish that his notice of appeal was timely filed or that the Texas Court of

Criminal Appeals granted an out-of-time appeal as habeas relief. See generally

Tex. R. App. P. 73.

The Court finds that the notice of appeal was not timely filed. See Tex. R.

App. P. 26.2. No motion for extension of time was timely filed pursuant to Tex. R.

App. P. 26.3. The Court finds it is without jurisdiction to entertain this appeal.

Accordingly, we dismiss the appeal for want of jurisdiction.

APPEAL DISMISSED.

________________________________ LEANNE JOHNSON Justice

Submitted on February 3, 2015 Opinion Delivered February 4, 2015 Do Not Publish

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