By
Robert O. Dawson
Bryant Smith Chair in Law
University of Texas School of Law
2001 Case Summaries 2000 Case Summaries 1999 Case Summaries
Certified juvenile cannot appeal from a
plea bargained conviction except by filing special notice of appeal [Mosby v.
State} (00-4-17).
On October 31, 2000, the Dallas Court of Appeals held that a certified
juvenile cannot appeal from a plea bargained criminal conviction to challenge
the certification for a jurisdictional defect without filing the special notice
of appeal required by the Rules of Appellate Procedure.
¶ 00-4-17. Mosby v. State, ___ S.W.3d ___, No. 05-99-01355-CR, 2000 WL 1618466,
2000 Tex.App.Lexis ___ (Tex.App.—Dallas 10/31/00)[Texas Juvenile Law (5th
Edition 2000)].
Facts: Following a transfer from juvenile court to the criminal trial court,
appellant entered a negotiated guilty plea to attempted murder. Pursuant to the
plea bargain agreement, the trial court deferred adjudication of guilt, placed
appellant on probation for ten years, and assessed a $1,000 fine. The State
subsequently filed a motion to adjudicate guilt. The trial court found the
allegations in the State's motion true, adjudicated appellant's guilt, and
sentenced appellant to fifteen years' confinement and a $1,000 fine. In his sole
point of error, appellant contends the trial court did not have jurisdiction
because the juvenile court from which the case was transferred never acquired
jurisdiction.
Held: Appeal dismissed.
Opinion Text: This appeal is a criminal matter and appellant was required to
perfect his appeal in accordance with the rules of appellate procedure that
apply to criminal cases. See Tex.Code Crim. Proc. Ann. art. 44.47 (Vernon
Supp.2000). Because the trial court deferred adjudication of guilt pursuant to a
plea bargain agreement, appellant was required to comply with the additional
notice provisions of rule 25.2(b)(3) of the Texas Rules of Appellate Procedure.
See Watson v. State, 924 S.W.2d 711, 714-15 (Tex.Crim.App.1996); Trollinger v.
State, 987 S.W.2d 166, 167 (Tex.App.- Dallas 1999, no pet.). Specifically,
appellant's notice of appeal had to state that: (1) the appeal was for a
jurisdictional defect, (2) the substance of the appeal was raised by written
motion and ruled on before trial, or (3) the trial court granted permission to
appeal. See Tex.R.App. P. 25.2(b)(3).
Here, appellant argues the trial court lacked jurisdiction to hear his case
because the juvenile court from which the case was transferred never acquired
jurisdiction over him. However, appellant did not state in his notice of appeal
that the appeal was for a jurisdictional defect. Nor did appellant amend his
notice of appeal before filing his brief. See Tex.R.App. P. 25.2(d). Because
appellant received deferred adjudication pursuant to a plea bargain agreement
and because appellant's notice of appeal did not state that the appeal was for a
jurisdiction defect as required by rule 25.2(b)(3), we do not have jurisdiction
to address appellant's complaint. See Trollinger, 987 S.W.2d at 167.