Zella Morris v. State

• Court: Court of Appeals of Texas
• Decided: November 7, 2014
• Docket: 09-14-00390-CR
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ________________

NO. 09-14-00390-CR ________________

ZELLA MORRIS, Appellant

V.

THE STATE OF TEXAS, Appellee __________________________________________________________________

On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 10-10179 __________________________________________________________________

MEMORANDUM OPINION

Zella Morris appealed from a sentence pronounced on April 28, 2013. The

notice of appeal was filed with the trial court on September 5, 2014, 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. Morris filed a response,

but failed to establish that her 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 Morris 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Submitted on October 21, 2014 Opinion Delivered October 22, 2014 Do Not Publish

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