Tony Ester v. State

• Court: Court of Appeals of Texas
• Decided: October 28, 2015
• Docket: 09-15-00400-CR
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ________________

NO. 09-15-00400-CR ________________

TONY ESTER, Appellant

V.

THE STATE OF TEXAS, Appellee __________________________________________________________________

On Appeal from the Criminal District Court Jefferson County, Texas Trial Cause No. 14-20313 __________________________________________________________________

MEMORANDUM OPINION

Tony Ester appealed from a sentence pronounced on July 22, 2015. The

notice of appeal was filed with the trial court on September 25, 2015, more than

thirty days from the date of sentencing and outside the time for requesting an

extension of time for filing the notice of appeal. We notified the parties that the

notice of appeal did not appear to have been timely filed. No response has been

filed.

1 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. 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, we dismiss the appeal for want of jurisdiction.

APPEAL DISMISSED.

________________________________ CHARLES KREGER Justice

Submitted on October 27, 2015 Opinion Delivered October 28, 2015 Do Not Publish

Before Kreger, Horton, and Johnson, JJ.