in the Matter of T.D.S., a Child

• Court: Court of Appeals of Texas
• Decided: June 23, 2011
• Docket: 14-11-00005-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed June 23, 2011.

In The

Fourteenth Court of Appeals

NO. 14-11-00005-CV

In the Matter of T.D.S., A Child, Appellant

On Appeal from the 314th District Court

Harris County, Texas

Trial Court Cause No. 2010-06397J

MEMORANDUM  OPINION

Appellant T.D.S. attempts to appeal the trial court’s order transferring his determinate sentence probation from juvenile court to adult district court.  Appellant was adjudicated delinquent on December 1, 2010, for the offense of aggravated sexual assault of a child and was assessed a determinate sentence of three years’ probation.  Prior to his eighteenth birthday, which was December 12, 2010, the State sought to have appellant’s probation transferred to adult district court pursuant to section 54.051(d) of the Texas Family Code.  The court transferred appellant’s probation to adult district court on December 9, 2010.  Because an order transferring a juvenile’s probation to an adult district court is not an appealable order, we dismiss this appeal for want of jurisdiction.

In a single issue, appellant contends the trial court erred in entering an order modifying appellant’s disposition and transferring appellant’s probation to the adult court in the absence of a written motion and timely notice.  An order transferring a juvenile’s probation to an adult district court is not an appealable order.  In re J.H., 176 S.W.3d 677, 679 (Tex. App.—Dallas 2005, no pet.) (dismissing appeal for want of jurisdiction, holding limitation of right to appeal did not violate due process or equal protection, and stating that “the trial court’s order transferring determinate sentence probation to an appropriate criminal district court is not an appealable order”); see also In re B.L.C., No. 08–10–00186–CV, 2010 WL 3784972, at *1 (Tex. App.—El Paso Sept. 29, 2010, no pet.) (dismissing appeal for want of jurisdiction); In re C.M.W., No. 02–04–00087–CV, 2005 WL 375183, at *1 (Tex. App.—Fort Worth 2005, no pet.) (same).

Section 56.01(c) of the Texas Family Code specifically lists the orders from which a juvenile may appeal, but an order transferring a juvenile’s determinate sentence probation to an adult district court is not one of the orders enumerated in the statute.  Tex. Fam. Code Ann. § 56.01; In re J.H., 176 S.W.3d at 679.  Thus, the order transferring appellant’s determinate sentence probation to the adult district court is not an appealable order.  We therefore dismiss this appeal for want of jurisdiction.

                                                                                    PER CURIAM

Panel consists of Chief Justice Hedges and Justices Seymore and Boyce.