in the Matter of J.F.B., a Juvenile

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-22-00056-CV
IN THE MATTER OF J.F.B., A JUVENILE
On Appeal from the 8th District Court
Hopkins County, Texas
Trial Court No. J01782
Before Morriss, C.J., Stevens and van Cleef, JJ.
Memorandum Opinion by Justice van Cleef
MEMORANDUM OPINION
On July 26, 2022, the trial court, sitting as a juvenile court, signed an order waiving its
jurisdiction over this case and transferring the matter to a district court pursuant to Section
54.02(j) of the Texas Family Code. See TEX. FAM. CODE ANN. § 54.02(j). J.F.B. filed a timely
notice of appeal on August 2, 2022, and on August 9, 2022, the trial court entered an order
appointing counsel to represent J.F.B. on appeal. Then, on September 1, 2022, the trial court
clerk filed a supplemental record that contained a waiver of appeal signed by J.F.B. and Rachel
Flatt, J.F.B.’s trial counsel. That waiver was not dated, but the “filed” stamp from the district
clerk’s office is dated August 31, 2022. The waiver states:
Comes now the defendant, joined byher [sic] counsel, in writing and in open court
and waives and gives up the right to file and the time allowed to file and the right
for a court-appointed attorney to file a Motion for New Trial, Motion for Arrest of
Judgment, or Notice of Appeal.
Section 51.09 of the Texas Family Code provides for a valid waiver of a child’s right of
appeal as follows:
Unless a contrary intent clearly appears elsewhere in this title, any right
granted to a child by this title or by the constitution or laws of this state or the
United States may be waived in proceedings under this title if:
(1) the waiver is made by the child and the attorney for the child;
(2) the child and the attorney waiving the right are informed of and
understand the right and the possible consequences of waiving it;
(3) the waiver is voluntary; and
(4) the waiver is made in writing or in court proceedings that are
recorded.
TEX. FAM. CODE ANN. § 51.09.
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Because it appeared to this Court that J.F.B.’s waiver of her right of appeal may have
deprived this Court of jurisdiction over this attempted appeal, we informed J.F.B., through
counsel, of the apparent defect in our jurisdiction over this appeal and afforded her an
opportunity to respond and, if possible, cure such defect. Counsel responded to our letter and
stated that she learned from trial counsel that J.F.B. voluntarily waived her right to appeal the
transfer order upon the advice of trial counsel in the midst of ongoing plea negotiations in adult
criminal court. Trial counsel advised J.F.B. (who is now twenty-six years old) regarding her
right to appeal the transfer order and the possible consequences of waiving that appeal. As a
result, counsel is of the opinion that J.F.B. validly waived her right to appeal the transfer order
pursuant to Section 51.09 of the Texas Family Code and that this Court is without jurisdiction to
hear the appeal. We agree with counsel’s assessment.
Because J.F.B. has no right of appeal as a result of her explicit, written waiver of that
right in accordance with Section 51.09 of the Texas Family Code, we dismiss this appeal for
want of jurisdiction.
Charles van Cleef
Justice
Date Submitted: September 13, 2022
Date Decided: September 14, 2022
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