In the Matter of C.T., a Juvenile v. the State of Texas

Opinion filed August 21, 2025

In The

Eleventh Court of Appeals
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No. 11-25-00048-CV
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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.

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