Menefee v. State

Full title: STEVEN ALEXANDER MENEFEE, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Oct 9, 2003

No. 09-03-365-CR (Tex. App. Oct. 9, 2003)

Opinion

No. 09-03-365-CR

Opinion Delivered October 9, 2003. DO NOT PUBLISH.

On Appeal from the 1A District Court Tyler County, Texas Trial Cause No. 9487.

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 Steven Alexander Menefee from a sentence pronounced January 7, 2003. The notice of appeal was filed with the trial court on August 4, 2003, more than thirty days from the date of sentencing. We notified the parties that the appeal did not appear to have been timely filed. The response filed by the appellant does not contend that notice of appeal was filed within the time permitted for perfecting appeal. 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.