In the Matter of R.J.D.--Appeal from 289th Judicial District Court of Bexar County

MEMORANDUM OPINION

No. 04-06-00495-CV

IN THE MATTER OF R.J.D.

From the 289th Judicial District Court, Bexar County, Texas

Trial Court No. 2004-JUV-00566

Honorable Carmen Kelsey, Judge Presiding

PER CURIAM

Sitting: Sarah B. Duncan , Justice

Karen Angelini , Justice

Sandee Bryan Marion , Justice

Delivered and Filed: December 6, 2006

DISMISSED FOR LACK OF JURISDICTION

R.J.D. entered into a plea bargain with the State on the State's Third Motion to Modify Disposition and, along with her attorney, stipulated to the State's evidence. In accordance with the terms of the plea bargain agreement, the trial court continued R.J.D.'s probation until her eighteenth birthday and placed her in the care, custody, and control of the Chief Juvenile Probation Officer of Bexar County, Texas. We dismiss R.J.D.'s appeal for lack of jurisdiction.

"A child who enters a plea or agrees to a stipulation of evidence ... may not appeal an order of the juvenile court entered under Section 54.03, 54.04, or 54.05 if the court makes a disposition in accordance with the agreement between the state and the child regarding the disposition of the case, unless: (1) the court gives the child permission to appeal; or (2) the appeal is based on a matter raised by written motion filed before the proceeding in which the child entered the plea or agreed to the stipulation of evidence." Tex. Fam. Code Ann. 56.01(n) (Vernon 2002). Compliance with section 56.01(n) has been held to be jurisdictional and the failure to abide by its terms subjects an appeal to dismissal for want of jurisdiction. In re B.N.C., No. 04-02-00788-CV, 2003 WL 1232997, at *1 (Tex. App.-San Antonio Mar. 19, 2003, no pet.) (mem. op.) (designated for publication).

Because nothing in this record indicates that the trial court gave R.J.D. permission to appeal or that her appeal is based on a written motion filed before R.J.D. entered her plea and stipulated to the evidence, we ordered R.J.D. to show cause in writing why her appeal should not be dismissed for lack of jurisdiction. In her response, R.J.D. agrees that "[she] does not have the right to appeal." Accordingly, we dismiss this appeal for lack of jurisdiction.

PER CURIAM