Larry James Horton v. The State of Texas--Appeal from 411th District Court of Polk County

State: Texas

Court: Texas Northern District Court

Docket No: 09-07-00441-CR

Case Date: 10/10/2007

Plaintiff: Phillip Michael Johnson

Defendant: State of Texas--Appeal from 35th District Court of Brown County

Preview:Larry James Horton v. The State of Texas--Appeal
from 411th District Court of Polk County
In The
Court of Appeals
Ninth District of Texas at Beaumont
NO. 09-07-441 CR
LARRY JAMES HORTON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 411th District Court
Polk County, Texas
Trial Cause No. 18,436
MEMORANDUM OPINION
Larry James Horton appealed from a sentence imposed on January 4, 2006. Horton filed notice of appeal with the trial
court on August 16, 2007, more than ninety days from the date of sentencing and outside the time allowed for
requesting an extension of time for filing notice of appeal. We did not receive a response to our notice that the appeal
had not been timely perfected.
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.
STEVE McKEITHEN
Chief Justice
Opinion Delivered October 10, 2007
Do Not Publish
Before McKeithen, C.J., Gaultney and Kreger, JJ.
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