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Date: 05-15-2019

Case Style:

Alfred Casarez v. The State of Texas

Case Number: 04-19-00159-CR

Judge: PER CURIAM Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Irene Rios, Justice

Court: Fourth Court of Appeals San Antonio, Texas

Plaintiff's Attorney: Dave Wilborn
Jacqueline Phillips

Defendant's Attorney: Lynette Boggs-Perez

Description:


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On February 7, 2019, the trial court ordered that the determinate sentence probation
supervision of A.C., then a juvenile, be transferred to the appropriate district court. See TEX. FAM.
CODE ANN. § 54.051. On February 14, 2019, the trial court provided the defendant with a copy of
the judgment and the terms and conditions of community supervision. The trial court did not
complete a certification of defendant’s right to appeal.
On February 25, 2019, Appellant filed a notice of appeal.
“Section 56.01 of the Texas Family Code sets out a child’s right to appeal a juvenile court’s
orders and describes which of those orders are appealable.” In re J.H., 176 S.W.3d 677, 679 (Tex.
App.—Dallas 2005, no pet.); see TEX. FAM. CODE ANN. § 56.01. “An order transferring a
juvenile’s probation to an adult district court is not an appealable order.” In re T.D.S., No. 14-11
04-19-00159-CR


- 2 -
00005-CV, 2011 WL 2474056, at *1 (Tex. App.—Houston [14th Dist.] June 23, 2011, pet. denied)
(mem. op., not designated for publication) (citing In re J.H., 176 S.W.3d at 679).
On April 3, 2019, we ordered Appellant to show cause in writing not later than April 18,
2019, why this appeal should not be dismissed for want of jurisdiction. We warned Appellant that
if he failed to timely file an appropriate response, we would dismiss this appeal without further
notice. To date, Appellant has not filed a response to our April 3, 2019 order.

Outcome: We dismiss this appeal for want of jurisdiction.

Plaintiff's Experts:

Defendant's Experts:

Comments:



 
 
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