                                       In The

                                Court of Appeals
                    Ninth District of Texas at Beaumont
                            ____________________
                               NO. 09-18-00191-CR
                            ____________________

                     JAMES DOUGLAS DUKE, Appellant

                                         V.

                       THE STATE OF TEXAS, Appellee
_______________________________________________________             ______________

                    On Appeal from the 163rd District Court
                           Orange County, Texas
                         Trial Cause No. B140362-R
________________________________________________________             _____________

                          MEMORANDUM OPINION

      The trial court sentenced James Douglas Duke on March 27, 2018. In a

criminal case, the appeal must be filed within thirty days of the date the sentence is

imposed, or within ninety days if the defendant timely files a motion for new trial.

Tex. R. App. P. 26.2(a). Duke did not file a motion for new trial within thirty days

of sentencing. Therefore, his notice of appeal was due to be filed on April 26, 2018.

Duke’s notice of appeal was postmarked on May 11, 2018, and filed on May 14,

2018. Duke did not file a motion for extension of time to file his notice of appeal.

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We notified the parties that Duke filed his notice of appeal too late to perfect an

appeal. See Tex. R. App. P. 25.2(b) (“In a criminal case, appeal is perfected by timely

filing a sufficient notice of appeal.”). Duke filed a response but failed to establish

timely perfection of his appeal.

      The Court finds that the notice of appeal was not timely filed. See Tex. R.

App. P. 26.2(a)(1). Duke also did not file a motion for extension of time to file his

appeal. See Tex. R. App. P. 26.3. “If a notice of appeal is not timely filed, the court

of appeals has no option but to dismiss the appeal for lack of jurisdiction.” Castillo

v. State, 369 S.W.3d 196, 198 (Tex. Crim. App. 2012). Accordingly, we dismiss the

appeal for lack of jurisdiction.

      APPEAL DISMISSED.


                                              ________________________________
                                                     LEANNE JOHNSON
                                                          Justice



Submitted on June 12, 2018
Opinion Delivered June 13, 2018
Do Not Publish

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




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