Opinion
No. 09-07-361 CR
Opinion Delivered September 12, 2007. DO NOT PUBLISH.
On Appeal from the 9th District Court, Montgomery County, Texas, Trial Cause No. 06-12-11890-CR.
Before GAULTNEY, KREGER, and HORTON, JJ.
MEMORANDUM OPINION
We have before the Court an appeal by Orvin Wayne Apgar, Sr., from a sentence pronounced on December 13, 2006. The notice of appeal was filed with the trial court on July 3, 2007, 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. We received no response. 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, the appeal is dismissed for want of jurisdiction. APPEAL DISMISSED.