*1 TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-16-00683-CR Charles Raymond Lee, Jr., Appellant v.
The State of Texas, Appellee FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 277TH JUDICIAL DISTRICT NO. 03-798-K277, HONORABLE STACEY MATHEWS, JUDGE PRESIDING M E M O R A N D U M O P I N I O N Charles Raymond Lee, Jr. filed this notice of appeal on October 7, 2016 challenging the district court’s November 13, 2015 order denying Lee’s motion for post-conviction DNA testing. Lee’s notice of appeal is untimely. See Tex. R. App. P. 26.2(a) (stating that notice of appeal is [1]
due within thirty days of date trial court enters appealable order). Because the notice of appeal was untimely, we lack jurisdiction over this appeal. Slaton v. State , 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (“If an appeal is not timely perfected, a court of appeals does not obtain jurisdiction to address the merits of the appeal.”); Olivo v. State , 918 S.W.2d 519, 522 (Tex. Crim. App. 1996) (“A timely notice of appeal is necessary to invoke a court of appeals’ jurisdiction.”).
*2 We dismiss the appeal for want of jurisdiction. Jeff Rose, Chief Justice Before Chief Justice Rose, Justices Goodwin and Bourland
Dismissed for Want of Jurisdiction
Filed: November 9, 2016
Do Not Publish
2
[1] Lee’s contention that the district clerk did not send him a copy of the order until September 26, 2016 is not supported by the record, which shows that the district clerk sent a copy of the order and a cover letter to Lee on November 16, 2015.