in the Matter of J. Z., a Juvenile ( 2019 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
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IN THE MATTER No. 08-19-00049-CV
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OF J.Z., Appeal from the
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A JUVENILE. 65th District Court
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of El Paso County, Texas
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(TC# 1601161)
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MEMORANDUM OPINION
Appellant, J.Z., a juvenile, has filed a motion to voluntarily dismiss his appeal pursuant to
TEX.R.APP.P. 42.1(a)(1). Included in the body of the motion is a statement signed by J.Z. stating
that he has been advised by his attorney regarding his right to appeal and he understands the
consequences of dismissing his appeal. We conclude that this is sufficient to show that J.Z. has
knowingly waived his right to appeal. See In re E.J.E., 557 S.W.3d 615, 617 (Tex.App.--El Paso
2017, opin. on motion)(holding that when a juvenile seeks to dismiss his appeal pursuant to Rule
42.1, the motion must be supported by a written waiver of the right to appeal in accordance with
Section 51.09 of the Texas Family Code; requirement can be met by including the appropriate
waiver language in the motion and having the juvenile sign the motion, or by attaching the
juvenile’s written waiver of the right to appeal as an exhibit to the motion to dismiss).
Accordingly, we grant J.Z.’s motion and dismiss the appeal.
August 14, 2019 GINA M. PALAFOX, Justice
Before McClure, C.J., Rodriguez, and Palafox, JJ.