R.M. v. The State of Texas--Appeal from County Court at Law No 2 of Brazos County

IN THE

TENTH COURT OF APPEALS

No. 10-94-316-CV

R.M.,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From County Court at Law No. 2

Brazos County, Texas

Trial Court # 70-J-94cc

MEMORANDUM OPINION

A jury found that R.M. had engaged in delinquent conduct by committing the offense of murder and sentenced him to commitment in the Texas Youth Commission with a transfer to the institutional division of the Texas Department of Criminal Justice at age eighteen for a determinant term of ten years. See Tex. Fam. Code Ann. 54.03, 54.04 (Vernon 1986 & Supp. 1994). He now attempts to appeal from the judgment.

Appeals from juvenile court are governed by the rules applicable to civil appeals generally. Id. 56.01; In re S.D.G., 861 S.W.2d 106 (Tex. App. Waco 1993, no writ). The court signed an amended judgment on August 31, 1994. Thus, a cost bond, cash deposit or affidavit in lieu of bond was due by September 30. See Tex. R. App. P. 41(a)(1). The fifteen day grace period for filing a motion for extension of time to perfect his appeal expired on October 17. See id. 5(a), 41(a)(2). On October 12, his attorney filed a notice of appeal in the trial court and, on October 18, mailed a motion to this court requesting an extension of time to file the notice of appeal and further time to file an "oath of indigency in lieu of bond."

A notice of appeal does not perfect an appeal in a juvenile case. See In re S.D.G., 861 S.W.2d at 106. R.M. was required to file a cost bond or an affidavit in lieu of bond by October 17 at the latest. See id.; Tex. R. App. P. 41(a)(1). Because he failed to timely file either, we do not have jurisdiction over his appeal. See In re S.D.G., 861 S.W.2d at 107.

R.M.'s motion for extension of time is denied. The appeal is dismissed for want of jurisdiction.

PER CURIAM

Before Chief Justice Thomas,

Justice Cummings, and

Justice Vance

Dismissed

Opinion delivered and filed November 9, 1994

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