History
  • No items yet
midpage
Chadrick Otis Haven v. State
05-15-00411-CR
| Tex. App. | Apr 30, 2015
|
Check Treatment
Case Information

*1 Dismiss and Opinion Filed April 30, 2015

In The No. 05-15-00411-CR V.

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 T 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. T 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 *2 without jurisdiction over the appeal. [1] T 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).

We dismiss the appeal for want of jurisdiction.

/David L. Bridges/ Do Not Publish DAVID L. BRIDGES T P. 47 JUSTICE

150411F.U05

JUDGMENT On Appeal from the 195th Judicial District Court, Dallas County, Texas No. 05-15-00411-CR V. 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.

Judgment entered April 30, 2015.

[1] 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.

Case Details

Case Name: Chadrick Otis Haven v. State
Court Name: Court of Appeals of Texas
Date Published: Apr 30, 2015
Docket Number: 05-15-00411-CR
Court Abbreviation: Tex. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.