in the Matter of JR

• Court: Court of Appeals of Texas
• Decided: May 17, 2007
• Docket: 14-07-00315-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed May 17, 2007

Dismissed and Memorandum Opinion filed May 17, 2007.

In The

Fourteenth Court of Appeals

____________

NO. 14-06-00985-CV

NO. 14-07-00315-CV

NO. 14-07-00316-CV

NO. 14-07-00323-CV

IN THE MATTER OF J.R., a Juvenile

On Appeal from the 314th District Court

Harris County, Texas

Trial Court Cause Nos. 2005-08384J, 2005-09467J, 2005-09473J, &2006-09470J

M E M O R A N D U M  O P I N I O N

On May 15, 2006, the trial court signed judgments adjudicating delinquency and committing appellant to the Texas Youth Commission pursuant to agreements with the State and stipulations of the evidence.  Appellant filed a notice of appeal for all four cases on August 30, 2006.  According to the notice of appeal, appellant is attempting to appeal from an order denying his motion for new trial signed August 25, 2006.  We dismiss the appeals for want of jurisdiction.

The Texas Family Code provides: AA child who enters a plea or agrees to a stipulation of evidence in a proceeding held under this title may not appeal an order of the juvenile court entered under Section 54.03, 54.04, or 54.05 if the court makes a disposition in accordance with the agreement between the state and the child regarding the disposition of the case, unless: (1) the court gives the child permission to appeal; or (2) the appeal is based on a matter raised by written motion filed before the proceeding in which the child entered the plea or agreed to the stipulation of evidence.@  Tex. Fam. Code Ann. ' 56.01(n).  Our records do not reflect that permission was granted or that the appeals are based on a matter raised by written motion before judgment.

In addition, appellant=s notice of appeal filed August 30, 2006, is untimely to perfect appeals from the final judgments signed May 15, 2006.  See Tex. R. App. P. 26.1(a) (requiring the notice of appeal to be filed within 90 days after the judgment is signed when a timely motion for new trial has been filed).  The notice of appeal was not filed within the 15-day extension period provided in Rule 26.3.  See Tex. R. App. P. 26.3.

On April 19, 2007, notification was transmitted to the parties of this court=s intention to dismiss the appeals for want of jurisdiction unless appellant filed a response demonstrating grounds for continuing the appeals on or before May 3, 2007.  See Tex. R. App. P. 42.3(a).  Appellant filed no response.

Accordingly, the appeals are ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed May 17, 2007.

Panel consists of Chief Justice Hedges and Justices Hudson and Guzman.