In the Matter of K. F. C., a Juvenile v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 7, 2023
• Docket: 08-23-00188-CV
• Status: Published

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

§ No. 08-23-00188-CV

IN THE MATTER OF K.F.C. § Appeal from the

A JUVENILE. § 65th Judicial District Court

§ Of El Paso County, Texas

§ (TC# 2300060)

MEMORANDUM OPINION

Appellant, K.F.C., a juvenile, has filed a motion to voluntarily dismiss his appeal pursuant

to TEX. R. APP. P. 42.1(a)(1). Attached to the motion is a statement signed by K.F.C. stating that

he has been advised by his attorney regarding his right to appeal and he understands the

consequences of dismissing his appeal. We conclude that this is sufficient to show that K.F.C. has

knowingly waived his right to appeal. See In re E.J.E., 557 S.W.3d 615, 617 (Tex. App.—El Paso

2017, opin. on motion) (holding that when a juvenile seeks to dismiss his appeal pursuant to Rule

42.1, the motion must be supported by a written waiver of the right to appeal in accordance with

Section 51.09 of the Texas Family Code; requirement can be met by including the appropriate

waiver language in the motion and having the juvenile sign the motion, or by attaching the

juvenile’s written waiver of the right to appeal as an exhibit to the motion to dismiss). Accordingly,

we grant K.F.C.’s motion and dismiss the appeal. We also dismiss the court reporter’s motion for extension to file the record as moot.

YVONNE T. RODRIGUEZ, Chief Justice

August 7, 2023

Before Rodriguez, C.J., Palafox, and Soto, JJ.