Tommy Edward Sanders v. State ( 2006 )

IN THE

TENTH COURT OF APPEALS

 

No. 10-81-00100-CR

TOMMY EDWARD SANDERS,

                                                                      Appellant

 v.

The State of Texas,

                                                                      Appellee

From the 178th District Court

Harris County, Texas

Trial Court No. 303538

ORDER

          This Court affirmed Tommy Edward Sanders’s conviction for Robbery in an unpublished opinion in May 1982.  Because a juvenile court waived jurisdiction and transferred Sanders to district court for trial as an adult, Sanders suggests that the 1982 decision affected only the district court case, and he contends that an appeal of the juvenile court order remains pending. Thus, he has tendered a brief accompanied by a motion for leave to file and a motion to proceed without advance payment of costs.

          Sanders refers to a statement of counsel that Sanders “gives notice of appeal” made at the conclusion of the hearing in which the juvenile court waived jurisdiction to show that he perfected an appeal from this order.  However, there is nothing in the record to indicate that an appeal of the juvenile court’s order was properly perfected.

          In 1979 when the juvenile court waived jurisdiction, section 56.01(c)(1) expressly provided for an appeal of such an order.  See Act of May 25, 1973, 63d Leg., R.S., ch. 544, § 1, sec. 56.01(c)(1), 1973 Tex. Gen. Laws 1460, 1483 (amended 1987) (current version at Tex. Code Crim. Proc. Ann. art. 44.47 (Vernon Supp. 2005)).  To perfect such an appeal, Sanders “was required to file a bond, cash deposit, or affidavit in lieu of bond within thirty days” after the order waiving jurisdiction.  See In re S.D.G., 861 S.W.2d 106, 106 (Tex. App.—Waco 1993, no writ) (per curiam).

          Counsel’s verbal notice of appeal before the juvenile court did not perfect an appeal of the juvenile court’s order.  See S.D.G., 861 S.W.2d at 106-07 (written notice of appeal insufficient to perfect appeal).  The docket sheet does not reflect that any pleadings were filed with the juvenile court after it signed the order waiving jurisdiction.

          Accordingly, we dismiss Sanders’s motions for want of jurisdiction.

PER CURIAM

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

(Chief Justice Gray dissenting)

Motions dismissed

Order issued and filed April 26, 2006

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