TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-20-00472-CR

Donald Kenneth Mitchell, Appellant v. The State of Texas, Appellee

FROM THE 264TH DISTRICT COURT OF BELL COUNTY NO. 77434, THE HONORABLE MARTHA J. TRUDO, JUDGE PRESIDING

MEMORANDUM OPINION

Donald Kenneth Mitchell seeks to appeal his December 7, 2017 judgment of conviction. The thirty-day deadline for perfecting the appeal was January 8, 2018, and the deadline for seeking an extension of time to file the notice of appeal was January 22, 2018. See Tex. R. App. P. 4.1, 26.2(a)(1), 26.3. But this notice of appeal was filed September 21, 2020.1 Under the circumstances, we lack jurisdiction to dispose of this purported appeal in any manner other than by dismissing it for want of jurisdiction. See Olivo v. State, 918 S.W.2d 519, 522-23 (Tex. Crim. App. 1996) (concluding that when belated notice of appeal is filed without timely motion for extension of time to file notice of appeal, appellate court must This is Mitchell’s second attempted appeal from this conviction. See Mitchell v. State, No. 03-18-00210-CR, 2018 Tex. App. LEXIS 4196, at *1 (Tex. App.—Austin June 12, 2018, no pet.) (mem. op., not designated for publication). The remedy for a late-filed notice of appeal is to file a postconviction writ of habeas corpus returnable to the Texas Court of Criminal Appeals for consideration of an out-of-time appeal. See Tex. Code Crim. Proc. art. 11.07. dismiss purported appeal for lack of jurisdiction); see also Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (holding that amendments to rules of appellate procedure did not affect Olivo’s rationale requiring timely notice of appeal to vest appellate court with jurisdiction).

The appeal is dismissed for want of jurisdiction.

__________________________________________ Jeff Rose, Chief Justice Before Chief Justice Rose, Justices Baker and Kelly Dismissed for Want of Jurisdiction Filed: October 16, 2020 Do Not Publish