Delingo Haven, Jr. v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: October 19, 2023
• Docket: 10-23-00313-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-23-00313-CR

DELINGO HAVEN, JR., Appellant v.

THE STATE OF TEXAS, Appellee

From the 87th District Court Leon County, Texas Trial Court No. 18-0001CR

MEMORANDUM OPINION

On October 13, 2023, Delingo Haven, Jr., filed a pro se notice of appeal from the

trial court’s judgment of conviction. Sentence was imposed in the case on January 13,

2020. Haven’s notice of appeal is therefore untimely, and we have no jurisdiction of an

untimely appeal. See TEX. R. APP. P. 26.2(a); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim.

App. 1996) (no appellate jurisdiction where notice of appeal is untimely). For the reasons

stated, this appeal is dismissed. Notwithstanding that we are dismissing this appeal, Haven may file a motion for

rehearing with this Court within fifteen days after the judgment of this Court is rendered.

See TEX. R. APP. P. 49.1. If Haven desires to have the decision of this Court reviewed by

filing a petition for discretionary review, that petition must be filed with the Court of

Criminal Appeals within thirty days after either the day this Court’s judgment is

rendered or the day the last timely motion for rehearing is overruled by this Court. See

id. R. 68.2(a).

MATT JOHNSON Justice

Before Chief Justice Gray, Justice Johnson, and Justice Smith Dismissed Opinion delivered and filed October 19, 2023 Do not publish [CR25]

Haven v. State Page 2