Trey Wells v. State

• Court: Court of Appeals of Texas
• Decided: August 26, 2015
• Docket: 09-15-00288-CR
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ________________

NO. 09-15-00288-CR ________________

TREY WELLS, Appellant

V.

THE STATE OF TEXAS, Appellee __________________________________________________________________

On Appeal from the Criminal District Court Jefferson County, Texas Trial Cause No. 10-09933 __________________________________________________________________

MEMORANDUM OPINION

Trey Wells appealed from a sentence pronounced on March 27, 2015. The

notice of appeal was filed with the trial court on July 22, 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. Wells filed a response, but did not

establish that the notice of appeal was timely 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Submitted on August 25, 2015 Opinion Delivered August 26, 2015 Do Not Publish

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