MEMORANDUM OPINION
No. 04-09-00558-CR
Kenneth Lamont SIMMONS,
Appellant
v.
The STATE of Texas,
Appellee
From the 144th Judicial District Court, Bexar County, Texas
Trial Court No. 2008-CR-8294B
Honorable Catherine Torres-Stahl, Judge Presiding
PER CURIAM
Sitting: Rebecca Simmons, Justice
Steven C. Hilbig, Justice
Marialyn Barnard, Justice
Delivered and Filed: October 14, 2009
DISMISSED FOR LACK OF JURISDICTION
Appellant was sentenced in the above referenced cause on June 4, 2009. No timely
motion for new trial having been filed, appellant’s notice of appeal was due to be filed no later
than July 6, 2009. See TEX. R. APP. P. 26.2. The notice of appeal was not filed until August 3,
2009, and no motion for extension of time was filed. See TEX. R. APP. P. 26.3.
04-09-00558-CR
On September 15, 2009, we ordered appellant to show cause why these appeals should
not be dismissed for lack of jurisdiction. We further note that the trial court’s certifications in
this appeal states that “this criminal case is a plea-bargain case, and the defendant has NO right
of appeal,” and Rule 25.2(d) of the Texas Rules of Appellate Procedure provides, “The appeal
must be dismissed if a certification that shows the defendant has a right of appeal has not been
made part of the record under these rules.” TEX. R. APP. P. 25.2(d). Appellant’s counsel
responded by filing written notice with this court stating that counsel has reviewed the record
and “can find no right of appeal for Appellant.”
This court lacks jurisdiction over an appeal of a criminal conviction in the absence of a
timely, written notice of appeal. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996);
Shute v. State, 744 S.W.2d 96, 97 (Tex. Crim. App. 1988). Accordingly, this appeal is dismissed
for lack of jurisdiction.
PER CURIAM
DO NOT PUBLISH
-2-