Sunday, March 29, 2015
Houston Juvenile Attorney Andy Nolen - APPEAL BY STATE IN CASES OF VIOLENT OR HABITUAL OFFENDER
Posted by Houston Juvenile Attorney Andy Nolen
Sec. 56.03. APPEAL BY STATE IN CASES OF VIOLENT OR HABITUAL OFFENDER. (a) In this section, “prosecuting attorney” means the county attorney, district attorney, or criminal district attorney who has the primary responsibility of presenting cases in the juvenile court. The term does not include an assistant prosecuting attorney.
(b) The state is entitled to appeal an order of a court in a juvenile case in which the grand jury has approved of the petition under Section 53.045 if the order:
(1) dismisses a petition or any portion of a petition;
(2) arrests or modifies a judgment;
(3) grants a new trial;
(4) sustains a claim of former jeopardy; or
(5) grants a motion to suppress evidence, a confession, or an admission and if:
(A) jeopardy has not attached in the case;
(B) the prosecuting attorney certifies to the trial court that the appeal is not taken for the purpose of delay; and
(C) the evidence, confession, or admission is of substantial importance in the case.
(c) The prosecuting attorney may not bring an appeal under Subsection (b) later than the 15th day after the date on which the order or ruling to be appealed is entered by the court.
(d) The state is entitled to a stay in the proceedings pending the disposition of an appeal under Subsection (b).
(e) The court of appeals shall give preference in its docket to an appeal filed under Subsection (b).
(f) The state shall pay all costs of appeal under Subsection (b), other than the cost of attorney’s fees for the respondent.
(g) If the respondent is represented by appointed counsel, the counsel shall continue to represent the respondent as appointed counsel on the appeal. If the respondent is not represented by appointed counsel, the respondent may seek the appointment of counsel to represent the respondent on appeal. The juvenile court shall determine whether the parent or other person responsible for support of the child is financially able to obtain an attorney to represent the respondent on appeal. If the court determines that the parent or other person is financially unable to obtain counsel for the appeal, the court shall appoint counsel to represent the respondent on appeal.
(h) If the state appeals under this section and the respondent is not detained, the court shall permit the respondent to remain at large subject only to the condition that the respondent appear in court for further proceedings when required by the court. If the respondent is detained, on the state’s filing of notice of appeal under this section, the respondent is entitled to immediate release from detention on the allegation that is the subject of the appeal. The court shall permit the respondent to remain at large regarding that allegation subject only to the condition that the respondent appear in court for further proceedings when required by the court.
(i) The Texas Rules of Appellate Procedure apply to a petition by the state to the supreme court for review of a decision of a court of appeals in a juvenile case.
Added by Acts 2003, 78th Leg., ch. 283, Sec. 25, eff. Sept. 1, 2003.
Houston Juvenile Attorney Andy Nolen and Associates offer a full range of affordable legal services in criminal defense, juvenile defense and family law areas, ranging from representation in court on all juvenile and adult criminal cases, sealing or expunging records for qualified people, obtaining occupational driver’s licenses to litigating child custody and divorce cases. To schedule an appointment or to discuss your situation with an experienced Houston Juvenile Attorney, call 832-480-8951 right now.