in the Matter of S.O.W. ( 2015 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00875-CV
IN THE MATTER OF S.O.W.
From the 386th Judicial District Court, Bexar County, Texas
Trial Court No. 1994-JUV-2115
Honorable Paul Andrew Mireles, Judge Presiding
PER CURIAM
Sitting: Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: November 4, 2015
DISMISSED FOR WANT OF JURISDICTION
Appellant was a juvenile who was certified to be tried as an adult for capital murder. See
TEX. FAM. CODE ANN. § 54.02 (West 2014). Appellant was convicted of capital murder and
sentenced to life imprisonment on November 12, 1996. Appellant appealed his conviction and
this court affirmed the trial court’s judgment in an opinion issued on May 20, 1998. See Williams
v. State, 974 S.W.2d 324 (Tex. App.—San Antonio 1998, pet. ref’d), cert. denied, 528 U.S. 908
(1999).
On December 15, 2014, appellant filed a notice of appeal and motion to set aside the
judgment seeking to challenge the juvenile court’s transfer order signed on October 18, 1994, in
which it waived its jurisdiction and transferred appellant to the criminal district court for
prosecution as an adult. See TEX. FAM. CODE ANN. § 54.02 (establishing the procedures for waiver
04-14-00875-CV
of juvenile court jurisdiction and certification for trial as an adult). Under the rules applicable to
this case, a notice of appeal from the juvenile court’s October 18, 1994 transfer order was due on
November 17, 1994. See Moon v. State, 451 S.W.3d 28, 39 (Tex. Crim. App. 2014) (noting that
prior to January 1, 1996, an immediate appeal from a section 54.02 transfer order could be taken
directly from the juvenile court to the court of appeals in the manner of civil cases, citing Acts
1973, 63d Leg., ch. 544, § 1 p. 1483, eff. Sept. 1, 1973, codified at TEX. FAM. CODE ANN. 56.01(a)–
(c)); see also TEX. R. APP. P. 26.1 (requiring notice of appeal to be filed within thirty days after
the order or judgment is signed). In appellant’s case, no immediate appeal was filed from the
October 18, 1994 transfer order, and no issues were raised challenging the transfer order in the
direct appeal from appellant’s capital murder conviction. Appellant’s December 15, 2014 notice
of appeal was filed twenty years after the deadline for filing the notice of appeal had expired. See
TEX. R. APP. P. 26.1.
Accordingly, on October 2, 2015, we ordered appellant to show cause within thirty days
why this appeal should not be dismissed for want of jurisdiction. Appellant timely responded and
requested that we grant an extension of time for filing his notice of appeal. However, the last day
a motion for extension of time to file the notice of appeal could be filed was on December 2, 1994.
See TEX. R. APP. P. 26.3 (providing a fifteen-day grace period after the deadline for filing notice
of appeal). Appellant filed his notice of appeal on December 15, 2014, well after the deadlines for
filing the notice of appeal and motion for extension of time to file the notice of appeal had expired.
See TEX. R. APP. P. 26.1, 26.3. Once the period for granting a motion for extension of time under
Rule 26.3 has passed, a party can no longer invoke the appellate court’s jurisdiction. Verburgt v.
Dorner, 959 S.W.2d 615, 617 (Tex. 1997). Thus, the fact that appellant’s notice of appeal was
filed late and after expiration of the period for requesting an extension deprives this court of
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jurisdiction in this matter. Id. Therefore, the appeal must be dismissed for want of jurisdiction.
See TEX. R. APP. P. 42.3(a).
PER CURIAM
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