in the Matter of D.L.G.
14-16-00721-CV
| Tex. App. | Oct 25, 2016Background
- Appellant was a juvenile when he committed an offense; juvenile court waived jurisdiction and certified him for adult prosecution by order dated July 15, 1994.
- Appellant was later convicted of murder in adult court; this court affirmed the conviction on direct appeal in 1997 and appellant did not challenge the juvenile waiver then.
- On September 12, 2016—more than 22 years after the waiver order—appellant filed a notice of appeal attempting to challenge the juvenile court’s waiver and certification under Tex. Fam. Code § 54.02.
- The rules required a notice of appeal within 30 days of the order (with a 15-day grace for an extension); the last day to file or seek extension was August 29, 1994.
- The court notified the parties of its intent to dismiss for want of jurisdiction; appellant argued Moon v. State should control because of the specificity required in waiver orders, but his notice was untimely.
- The court dismissed the appeal for lack of jurisdiction and noted habeas corpus to the Court of Criminal Appeals as a possible remedy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness / Jurisdiction to review 1994 juvenile waiver order | Appellant: Moon requires reviewing the juvenile waiver for specificity; he seeks late review of the 1994 waiver | State: The appeal is untimely; appellate jurisdiction is lost because notice and extension period expired in 1994 | Dismissed for want of jurisdiction—the appeal was filed well after the deadline and the extension period had passed |
| Applicability of Moon v. State to pre-1996 transfer orders | Appellant: Moon’s standards for required written findings apply to his 1994 waiver | State: Even if Moon applies, appellant failed to file timely appeal so court cannot reach merits | Court declined to reach merits; jurisdictional defect barred review |
Key Cases Cited
- Moon v. State, 451 S.W.3d 28 (Tex. Crim. App. 2014) (sets specificity and review standards for juvenile waiver orders under Tex. Fam. Code § 54.02)
- Verburgt v. Dorner, 959 S.W.2d 615 (Tex. 1997) (once Rule 26.3 extension period expires, appellate jurisdiction cannot be invoked)
- Ex parte Rodriguez, 466 S.W.3d 846 (Tex. Crim. App. 2015) (habeas relief discussed as an alternative remedy for long‑elapsed juvenile transfer defects)