Opinion
No. 09-05-029 CR
Opinion Delivered April 27, 2005. DO NOT PUBLISH.
On Appeal from the 260th District Court, Orange County, Texas, Trial Cause No. D-040426-R. Appeal Dismissed.
Before GAULTNEY, KREGER and HORTON, JJ.
MEMORANDUM OPINION
Tex.R.App.P. 47.4.
We have before the Court an appeal by Elizabeth Ann Perry, who is also known as Elizabeth Ann Hardin, from a sentence pronounced December 20, 2004. The notice of appeal was filed with the trial court on January 21, 2005, 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. Accordingly, the appeal is dismissed for want of jurisdiction.