Failure to timely serve respondent for Certification
and Transfer Hearing deprived criminal district court of jurisdiction over
him.[Maldonado v. State](10-2-6)
On March 12, 2010, the Amarillo Court of Appeals held
that in a Certification and Transfer Hearing, the failure to serve summons on
juvenile in a timely manner, deprived the juvenile court of its jurisdiction to
transfer this matter to the district court and, therefore, the district court
never acquired jurisdiction over appellant.
10-2-6. Maldonado v. State, MEMORANDUM, No.
07-09-00168-CR, 2010 WL 840814 (Tex.App.-Amarillo, 3/12/10).
Facts: On November 7, 2007, the State filed a
petition alleging that appellant had engaged in delinquent conduct. Prior to any
adjudication of the allegations against appellant, the State filed a motion
requesting that the juvenile court waive jurisdiction of appellant's case and
transfer the matter to the 69th District Court of Dallam County, Texas. The
State then issued a summons for appellant's parents, Dina Maldonado and Simon
Maldonado, to appear on January 24, 2008 at 2:30 p.m. when the court would
consider the matter of the discretionary transfer of appellant's juvenile case
to the district court. The clerk's record reflects that Dina Maldonado was not
served with the summons until January 29, 2008 at 4:26 p.m., some five days
after the hearing. Appellant and his father, Simon Maldonado, were served at
2:21 p.m. on January 24, 2008, some nine minutes before the hearing. On January
24, 2008, the juvenile court entered an order transferring the matter to the
district court for trial as an adult. Subsequently, appellant entered a plea of
guilty and was granted deferred adjudication community supervision for a period
of 10 years. Appellant timely filed this appeal.
Held: Reversed and remanded.
Memorandum Opinion: A juvenile proceeding is
governed by Title 3 of the Texas Family Code. See Tex. Fam.Code Ann. tit. 3
(Vernon 2007). A voluntary transfer of a case from a juvenile court to a
district court is governed by section 54.02. Section 54.02(b) requires that the
notice provisions found in other sections of the Code must be satisfied.
Specifically, the requirements of section 53.07 must be met. See § 54.02(b).
This provision requires that a summons be served on a person at least two days
prior to the hearing in question. See § 53.07(a). The record reflects that none
of the parties required to be served in the underlying juvenile action, prior to
the transfer to district court, were served in a timely manner. The State has
confessed this error in its letter brief filed with this Court. As a result of
the failure to serve the summons in question in a timely manner, the juvenile
court was deprived of its jurisdiction to transfer this matter to the district
court and, therefore, the district court never acquired jurisdiction over
appellant. See Carlson v. State, 151 S.W.3d 643, 646 (Tex.App.-Eastland 2004, no
pet.); Alaniz v. State, 2 S.W.3d 451, 452 (Tex.App.-San Antonio 1999, no pet.).
We sustain appellant's second issue.
Conclusion: Because the juvenile court did not
have jurisdiction to transfer the case to the district court, we reverse the
conviction of appellant and remand this matter to the juvenile court for further
proceedings. Because of our resolution of appellant's second issue, we need not
address appellant's first issue concerning the failure to record the transfer
hearing.