Bennie Ray Johnson v. State ( 2006 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-06-337 CR ____________________

BENNIE RAY JOHNSON, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 359th District Court Montgomery County, Texas Trial Cause No. 95-10-01163 CR

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MEMORANDUM OPINION  

We have before the Court an appeal by Bennie Ray Johnson from a sentence pronounced February 4, 1998, and the appellant's motion for an extension for an out-of-time appeal. The motion for an out-of-time appeal is DENIED, as the motion was not filed within the time permitted for an extension of time to file notice of appeal. Tex. R. App P. 26.3(b). The notice of appeal was filed with the trial court on August 4, 2006, more than thirty days from the date of sentencing. The Court finds the notice of appeal was not timely filed. Tex. R. App. P. 26.2. 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.

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STEVE McKEITHEN

Chief Justice

Opinion Delivered September 20, 2006

Do Not Publish

Before McKeithen, C.J., Gaultney and Horton, JJ.