Malnar v. State

Full title: LINDA WARS MALNAR, Appellant v. THE STATE OF TEXAS, Appellee

Court: Court of Appeals of Texas, Ninth District, Beaumont

Date published: Oct 2, 2003

No. 09-03-346-CR (Tex. App. Oct. 2, 2003)

Opinion

No. 09-03-346-CR

Opinion Delivered October 2, 2003. DO NOT PUBLISH.

On Appeal from the County Court at Law No. 2 Angelina County, Texas Trial Cause No. 03-0511.

Before: McKEITHEN, C.J., BURGESS and GAULTNEY, JJ.

MEMORANDUM OPINION¹

1 Tex.R.App.P. 47.4.

PER CURIAM

We have before the Court an appeal by Linda Wars Malnar from a deferred adjudication order entered May 13, 2003. The notice of appeal was filed with the trial court on July 24, 2003, more than thirty days from the date of the appealable order. We notified the parties that the appeal did not appear to have been timely filed, but received no reply. The court finds the notice of appeal was not timely filed. Tex.R.App.P. 26.2. No extension of time was timely requested pursuant to Tex.R.App.P. 26.3. It does not appear that appellant obtained an out-of-time appeal. The Court finds it is without jurisdiction to entertain this appeal. It is, therefore, ORDERED that the appeal of this cause be DISMISSED for want of jurisdiction. APPEAL DISMISSED.