Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-23-00839-CR Kevin ODELL, Appellant v. The STATE of Texas, Appellee From the 379th Judicial District Court, Bexar County, Texas Trial Court No. 2022CR5901 Honorable Andrew Carruthers, Judge Presiding PER CURIAM Sitting: Luz Elena D. Chapa, Justice Irene Rios, Justice Beth Watkins, Justice Delivered and Filed: November 8, 2023 DISMISSED FOR LACK OF JURISDICTION On September 8, 2023, appellant filed a “Motion to Appeal Decision on Psychological Evaluation.” A review of the record shows appellant moved for a psychiatric examination on March 30, 2023. On May 23, 2023, appellant was ordered to submit to an examination for the purpose of determining his competency to stand trial. On July 21, 2023, the trial court signed an agreed judgment of competency to stand trial which provides “[c]ounsel for the Defendant and Counsel for the State agreed that the defendant is presently competent to stand trial,” and the trial court reviewed the competency evaluation and concluded appellant is “competent to stand trial.”

04-23-00839-CR

Appellant now seeks to appeal the agreed judgment of competency to stand trial. The agreed judgment of competency to stand trial is not an appealable order. See TEX. CODE CRIM. PROC. art. 46B.011 (“Neither the state nor the defendant is entitled to make an interlocutory appeal relating to a determination or ruling under Article 46B.005.”). We therefore ordered appellant to show cause in writing no later than October 6, 2023 why this court should not dismiss this appeal for lack of jurisdiction. We admonished appellant that if he failed to file a timely response, this appeal may be dismissed for lack of jurisdiction. Appellant has not filed a response.

Accordingly, the appeal is dismissed for lack of jurisdiction.

PER CURIAM DO NOT PUBLISH

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