Sec. 56.03. APPEAL BY STATE IN CASES OF OFFENSES ELIGIBLE FOR DETERMINATE SENTENCE. (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.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1299 (H.B. 2862), Sec. 23, eff. September 1, 2013.
Notes of Decisions
Cited in
13
cases (
3 in the last 5 years), 2006–2025 · leading case:
In re H.V., 252 S.W.3d 319 (Tex. 2008).
In re H.V., 252 S.W.3d 319 (Tex. 2008).
· cites it 4× “Tex. Fam.Code § 56.03(b); see Act of June 2, 2003, 78th Leg.”
Jennings v. Wallbuilder Presentations, Inc. ex rel. Barton, 378 S.W.3d 519 (Tex. App. 2012).
“2012) (providing that when suit involves multiple plaintiffs, “[a]n interlocutory appeal may be taken of a trial court’s determination”); Tex. Fam.Code Ann. § 56.03(b) (West 2008) (providing in connection with habitual or violent juvenile offenders that “[t]he state is entitled…”
In re R.J.M., 211 S.W.3d 393 (Tex. App. 2006).
“See Tex. Fam.Code Ann. § 56.01(c) (Vernon 2002).”
In Re Hv, 252 S.W.3d 319 (Tex. 2008).
· cites it 4× “[14] TEX. FAM.CODE § 56.03(b); see Act of June 2, 2003, 78th Leg.”
In Re Rjm, 211 S.W.3d 393 (Tex. App. 2006).
“NOTES [1] See TEX. FAM.CODE ANN. § 56.01(c) (Vernon 2002).”
in the Matter of J. M. B., a Child (Tex. App. 2014).
· cites it 2× “01 (setting forth the appeal right of juvenile respondents and making no provision for a right of appeal by the State); TEX. FAM. CODE § 56.03 (providing certain appeal rights for State appeal in a juvenile case, in circumstances not applicable to the case at bar).”
in the Matter of L.B. (Tex. App. 2022).
“4; see also Tex. Fam. Code Ann. § 56.03 (f). Per Curiam Delivered: March 17, 2022 2”
in Re the State of Texas (Tex. App. 2022).
“TEX. FAM. CODE § 56.03(b). Under these circumstances, we conclude relator has met its burden of establishing it has no adequate remedy by appeal because it cannot appeal directly the alleged juvenile court’s error and because any inspection of the phone undertaken pursuant to…”
— Tex. Fam. Code § 56.03(b) — 4 cases
Jennings v. Wallbuilder Presentations, Inc. ex rel. Barton, 378 S.W.3d 519 (Tex. App. 2012).
“2012) (providing that when suit involves multiple plaintiffs, “[a]n interlocutory appeal may be taken of a trial court’s determination”); Tex. Fam.Code Ann. § 56.03(b) (West 2008) (providing in connection with habitual or violent juvenile offenders that “[t]he state is entitled…”
In re H.V., 252 S.W.3d 319 (Tex. 2008).
“Tex. Fam.Code § 56.03(b); see Act of June 2, 2003, 78th Leg.”
In Re Hv, 252 S.W.3d 319 (Tex. 2008).
“[14] TEX. FAM.CODE § 56.03(b); see Act of June 2, 2003, 78th Leg.”
in Re the State of Texas (Tex. App. 2022).
“TEX. FAM. CODE § 56.03(b). Under these circumstances, we conclude relator has met its burden of establishing it has no adequate remedy by appeal because it cannot appeal directly the alleged juvenile court’s error and because any inspection of the phone undertaken pursuant to…”
— Tex. Fam. Code § 56.03(b)(5) — 2 cases
In re H.V., 252 S.W.3d 319 (Tex. 2008).
“Tex. Fam.Code § 56.03(b); see Act of June 2, 2003, 78th Leg.”
In Re Hv, 252 S.W.3d 319 (Tex. 2008).
“[14] TEX. FAM.CODE § 56.03(b); see Act of June 2, 2003, 78th Leg.”
— Tex. Fam. Code § 56.03(b)(5)(A) — 1 case
— Tex. Fam. Code § 56.03(i) — 2 cases
In re H.V., 252 S.W.3d 319 (Tex. 2008).
“Tex. Fam.Code § 56.03(b); see Act of June 2, 2003, 78th Leg.”
In Re Hv, 252 S.W.3d 319 (Tex. 2008).
“[14] TEX. FAM.CODE § 56.03(b); see Act of June 2, 2003, 78th Leg.”
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