Chadrick Otis Haven v. State

• Court: Court of Appeals of Texas
• Decided: April 30, 2015
• Docket: 05-15-00411-CR
• Status: Published

Opinion

Dismiss and Opinion Filed April 30, 2015

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-00411-CR

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.1 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).

We dismiss the appeal for want of jurisdiction.

/David L. Bridges/ Do Not Publish DAVID L. BRIDGES TEX. R. APP. P. 47 JUSTICE 150411F.U05

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.

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

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

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