Rollins v. State

282 S.W.3d 741, 2009 Tex. App. LEXIS 2698, 2009 WL 1034554

• Court: Court of Appeals of Texas
• Decided: April 15, 2009
• Docket: 09-08-00515-CR
• Status: Published

Opinions

OPINION

STEVE McKEITHEN, Chief Justice.

We have before the Court an appeal by Kevin Lamont Rollins from a sentence pronounced on October 14, 2008. The notice of appeal was filed with the trial court on November 14, 2008, more than thirty days from the date of sentencing. Rollins did not timely file a request for extension of time to file a notice of appeal. See Tex.R.App. P. 26.3(b). We notified the parties that the notice of appeal did not appear to have been timely filed. The parties did not establish that the notice of appeal was timely filed.

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 TexR.App. P. 26.3. It does not appear that appellant 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.

GAULTNEY, J., dissenting.