Summary
dismissing appeal pursuant to appellate rule 42.1 after the juvenile waived his right to appeal on remand before the trial court
Summary of this case from In re A.S.H.Opinion
No. 05-16-00288-CV
05-02-2016
IN THE MATTER OF C.G.
On Appeal from the 305th Judicial District Court Dallas County, Texas
Trial Court Cause No. JD-80218-X
MEMORANDUM OPINION
Before Justices Lang, Brown, and Whitehill
Opinion by Justice Lang
This is an accelerated appeal from the trial court's order transferring appellant to the Texas Department of Criminal Justice - Institutional Division. See TEX. FAM. CODE ANN. § 56.01(c)(2) (West Supp. 2015). Based on trial counsel's statement in the notice of appeal that she would not be representing appellant in the appeal, we abated the appeal for the trial court to hold a hearing to determine whether appellant desired to prosecute the appeal and, if so, whether he was entitled to appointed counsel. The trial court held the hearing, and following the presentation of testimony and evidence, determined appellant does not wish to prosecute the appeal. We have reinstated the appeal and adopt the trial court's finding. Based on the finding, we dismiss the appeal. See TEX. R. APP. P. 42.1(a) (civil appeal may be dismissed on appellant's motion); TEX. FAM. CODE ANN. § 56.01(b) (requirements governing appeal in juvenile proceedings are as in civil cases generally); see also id. 51.09 (West 2014) (concerning waiver of right in juvenile proceedings).
/Douglas S. Lang/
DOUGLAS S. LANG
JUSTICE 160288F.P05
JUDGMENT
On Appeal from the 305th Judicial District Court, Dallas County, Texas
Trial Court Cause No. JD-80218-X.
Opinion delivered by Justice Lang. Justices Brown and Whitehill participating.
In accordance with this Court's opinion of this date, we DISMISS the appeal. Judgment entered this 2nd day of May, 2016.