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Haven v. State

Court of Appeals Fifth District of Texas at Dallas
Apr 30, 2015
No. 05-15-00411-CR (Tex. App. Apr. 30, 2015)

Opinion

No. 05-15-00411-CR

04-30-2015

CHADRICK OTIS HAVEN, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 195th Judicial District Court Dallas County, Texas
Trial Court Cause No. F13-60734-N

MEMORANDUM OPINION

Before Justices Bridges, Lang, and Schenck
Opinion by Justice Bridges

Chadrick Haven was convicted of murder. Sentence of forty years' imprisonment was imposed in open court on November 21, 2014. Appellant filed a timely motion for new trial; therefore his notice of appeal was due by Monday, February 23, 2015. See TEX. R. APP. P. 4.1, 26.2(a)(2). To obtain the benefit of the fifteen-day extension period provided by rule 26.3, appellant had to file both his notice of appeal in the trial court and an extension motion in this Court by March 10, 2015. See TEX. R. APP. P. 26.3. Appellant's notice of appeal is file-stamped March 26, 2015, and the certificate of service is dated March 20, 2015. Both dates are outside the fifteen-day period allowed by rule 26.3. Appellant's untimely notice of appeal leaves us without jurisdiction over the appeal. See TEX. R. APP. P. 26.2(a)(2); Ex parte Castillo, 369 S.W.3d 196, 199 (Tex. Crim. App. 2012) (timely filing of written notice of appeal jurisdiction prerequisite); Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (per curiam).

By letter dated April 8, 2015, the Court notified appellant and the State of the jurisdictional issue, and directed the parties to file briefs addressing our jurisdiction over the appeal. Neither party filed a jurisdictional brief.

We dismiss the appeal for want of jurisdiction.

/David L. Bridges/

DAVID L. BRIDGES

JUSTICE
Do Not Publish
TEX. R. APP. P. 47
150411F.U05

JUDGMENT

On Appeal from the 195th Judicial District Court, Dallas County, Texas
Trial Court Cause No. F13-60734-N.
Opinion delivered by Justice Bridges, Justices Lang and Schenck participating.

Based on the Court's opinion of this date, we DISMISS the appeal for want of jurisdiction.


Summaries of

Haven v. State

Court of Appeals Fifth District of Texas at Dallas
Apr 30, 2015
No. 05-15-00411-CR (Tex. App. Apr. 30, 2015)
Case details for

Haven v. State

Case Details

Full title:CHADRICK OTIS HAVEN, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Apr 30, 2015

Citations

No. 05-15-00411-CR (Tex. App. Apr. 30, 2015)