Albert Wendell Sells v. the State of Texas

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-24-00230-CR
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ALBERT WENDELL SELLS, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the Criminal District Court
Jefferson County, Texas
Trial Cause No. F19-33290-0
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MEMORANDUM OPINION

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.

PER CURIAM

Submitted on July 30, 2024
Opinion Delivered July 31, 2024
Do Not Publish

Before Johnson, Wright and Chambers, JJ.