                                        In The

                                 Court of Appeals
                      Ninth District of Texas at Beaumont
                             ____________________
                                NO. 09-13-00045-CR
                             ____________________

                    CHAD MITCHELL CARTHRAE, Appellant

                                           V.

                        THE STATE OF TEXAS, Appellee
_______________________________________________________                ______________

                   On Appeal from the County Court at Law No. 5
                           Montgomery County, Texas
                            Trial Cause No. 12-275065
________________________________________________________                _____________

                           MEMORANDUM OPINION

       On January 25, 2013, Chad Mitchell Carthrae filed a notice of appeal from a

sentence imposed on December 17, 2012. The notice of appeal was filed with the trial

court 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. The appellant did not

file a response.




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       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 the 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 March 13, 2013
Do Not Publish
Before McKeithen, C.J., Kreger and Horton, JJ.




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