# Fourth Court of Appeals **San Antonio, Texas**
MEMORANDUM OPINION
N o. 04

- 20

- 00501

- CR Kevin Arick O ’ DELL , Appellant

v. The STATE of Texas, Appellee From the 198th Judicial District Court , Bandera County, Texas Trial Court No. CR

- 19

- 0000144 Honorable M. Rex Emerson , Judge Presiding
PER CURIAM Sitting: Rebeca C. Martinez, Chief Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Delivered and File d: January 27, 2021
DISMISSED FOR LACK OF JURISDICTION
O n September 28, 2020, appellant Kevin Arick O’Dell filed with the trial court clerk a pro

se request for forms seeking to appeal an order of deferred adjudication. A copy of O’Dell’s request for fo rms was filed with our court and docketed as a notice of appeal. A timely notice of appeal is necessary to invoke this court’s jurisdiction. Olivo v. State , 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). I n absence of a timely motion for new trial, a defe ndant must file a notice of appeal within thirty days after the day the trial court enters an appealable order. T EX
. R. A PP
. P . 26.2(a). A late notice of appeal may be considered timely so as04

- 20

- 00501

- CR

- 2

- to invoke our jurisdiction if (1) it is filed within fifteen d ays of the last day allowed for filing, (2) a motion for extension of time is filed in the court of appeals within fifteen days of the last day allowed for filing the notice of appeal, and (3) the court of appeals grants the motion for extension of time. See Olivo , 918 S.W.3d at 522

. In this case, the clerk’s record shows the trial court signed an order of deferred adjudication pursuant to a plea bargain on February 12, 2020. O’Dell did not file either a timely motion for new trial or motion for extension of time to file the notice of appeal. See T EX
. R. A PP
. P . 26.2(a),
26.3. Therefore , his n otice of appeal was due by March 13, 2020 , but was not filed until September 28, 2020

. Because O’Dell did not timely file a notice of appeal, we ordered his court appointed attorney to show cause why this appeal should not be dismissed for lack of jurisd iction. See T EX
. C ODE C RIM
. P ROC

. A NN
. art 26.04 (providing court appointed counsel represents appellant until his appeal is exhausted or until the trial court grants appointed counsel the right to withdraw and appoints new counsel). Counsel filed a resp onse admitting the notice of appeal is untimely and this court does not have jurisdiction over this appeal. Because O’Dell did not timely file the notice of appeal, we lack jurisdiction to entertain this appeal. See Slaton v. State , 981 S.W.2d 208, 210 (T ex. Crim. App. 1998) (holding that if appeal is not timely perfected, court of appeals does not obtain jurisdiction to address merits of appeal, and court may take no action other than to dismiss appeal; court may not suspend rules to alter time for perfec ting appeal); Olivo v. State , 918 S.W.2d 519, 522 (Tex. Crim. App. 1996); see also Ater v. Eighth Court of Appeals , 802 S.W.2d 241 (Tex. Crim. App. 1991) (explaining that writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedu re governs04

- 20

- 00501

- CR

- 3

- out

- of

- time appeals from felony convictions). We therefore dismiss this appeal for lack of jurisdiction. 1
PER CURIAM Do Not Publish

1 Even if appellant had timely appealed, this appeal must be dismissed because the trial court ’ s certification stated this “is a plea

- bargain case, and the defendant has NO right of appeal” and “the defendant has waived the right of appeal.” See T EX
. R. A PP
. P. 25.2(a)(2). The clerk ’ s record support s the trial court ’ s certification. See Dears v. State , 154 S.W.3d 610, 615 (Tex. Crim. App. 2005).