In the Matter of C.T., a Juvenile v. the State of Texas
In the Matter of C.T., a Juvenile v. the State of Texas
Opinion
Opinion filed August 21, 2025
In The Eleventh Court of Appeals __________ No. 11-25-00048-CV __________ IN THE MATTER OF C.T., A JUVENILE
On Appeal from the County Court at Law Midland County, Texas Trial Court Cause No. J07277
MEMORAND UM OPI NI ON This is an appeal from the trial court’s order transferring Appellant, a juvenile, to the Institutional Division of the Texas Department of Criminal Justice (TDCJ) following a transfer/release hearing. See TEX. FAM. CODE ANN. 54.11 (West 2022).
Appellant’s counsel previously filed a motion to abate the appeal because Appellant had “indicated that he [did] not wish to prosecute this appeal.” We abated the appeal for the trial court to conduct a hearing on the matter.
At the hearing, Appellant’s counsel confirmed with Appellant that they had previously discussed his desires regarding this appeal and “the different options” available to him. The trial court admonished Appellant about his appellate rights and Appellant confirmed that he understood his rights and the possible consequences of waiving them. See FAM. § 51.09. Appellant confirmed that he “[did] not wish to appeal” his transfer to TDCJ and that it was his “wish to have [the appeal] dismissed.” The trial court signed an order memorializing its findings that Appellant did, in fact, not intend to pursue the appeal and instead wanted it dismissed.
Appellant has now filed a motion to voluntarily dismiss the appeal, wherein he again states that he does not intend to prosecute this appeal and states that he has waived his right to appeal. See id.; TEX. R. APP. P. 42.1(a)(1). We conclude that the sworn testimony from the hearing, the trial court’s findings, and Appellant’s motion to dismiss demonstrates that Appellant has waived his right to appeal in accordance with Section 51.09 of the Texas Family Code. See FAM. § 51.09.
We grant Appellant’s motion and dismiss this appeal.
W. STACY TROTTER JUSTICE August 21, 2025 Panel consists of: Bailey, C.J., Trotter, J., and Williams, J.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.