Opinion
09-24-00230-CR
07-31-2024
ALBERT WENDELL SELLS, Appellant v. THE STATE OF TEXAS, Appellee
DO NOT PUBLISH
Submitted on July 30, 2024
On Appeal from the Criminal District Court Jefferson County, Texas Trial Cause No. F19-33290-0
Before Johnson, Wright and Chambers, JJ.
MEMORANDUM OPINION
PER CURIAM.
On June 28, 2024, Albert Wendell Sells filed a notice of appeal from a sentence pronounced on August 4, 2022, in Trial Cause Number F19-33290-0. This is the second time Sells filed a notice of appeal regarding this case. On February 1, 2023, we dismissed Sells' appeal because the notice of appeal had not been timely filed. See Sells v. State, No. 09-22-00408-CR, 2023 WL 1431166, at *1 (Tex. App.-Beaumont Feb. 1, 2023, no pet.) (mem. op., not designated for publication).
When a defendant appeals from a conviction in a criminal case, the time to file a notice of appeal runs from the date sentence is imposed or suspended in open court. See Tex. R. App. P. 26.2(a). The notice of appeal must be filed "within 90 days after the day sentence is imposed or suspended in open court if the defendant timely files a motion for new trial." Id. 26.2(a)(2). Sells filed a notice of appeal on June 28, 2024, more than 90 days after the date the trial court imposed the sentence.
On July 3, 2024, the Clerk of the Court notified the parties that the appeal would be dismissed unless a party established that the notice of appeal was timely filed. No party filed a response. Furthermore, the Court has received nothing from the Court of Criminal Appeals stating that the Court of Criminal Appeals has granted an out-of-time appeal. We dismiss the appeal for lack of jurisdiction. See Tex. R. App. P. 43.2(f).
APPEAL DISMISSED.