In the Matter of D.M.M., a Juvenile v. the State of Texas

Summary

The Thirteenth Court of Appeals of Texas dismissed two appeals by a juvenile from an order waiving juvenile-court jurisdiction and transferring the cases for trial as an adult. The court held that the notices of appeal were untimely and that the appellant’s response, even if construed as a motion for extension, was filed after the applicable grace period.

Holdings

1. Appeals from an order certifying or transferring a juvenile to stand trial as an adult are accelerated appeals, and the notice of appeal is due twenty days after the judgment is signed.
2. To obtain an extension under Rule 26.3, the appellant must file the notice of appeal in the trial court and a compliant motion for extension in the appellate court within fifteen days after the filing deadline; merely filing a late notice or a later explanation is insufficient.
3. When a notice of appeal is untimely and the Rule 26.3 requirements for an extension are not met, the court of appeals must dismiss the appeal for want of jurisdiction.

Questions Presented

1. Whether the notices of appeal from the juvenile court's certification and transfer order were timely under the accelerated-appeal deadlines.
2. Whether the court could treat D.M.M.'s late response as a motion for extension of time when the response was filed after the fifteen-day Rule 26.3 grace period.
3. Whether the appeals had to be dismissed for want of jurisdiction under Texas Rule of Appellate Procedure 42.3.

Disposition

dismissed