Texas Family Code - Section 56.03. Appeal By State In Cases Of Violent Or Habitual Offender
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§ 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, § 25, eff. Sept. 1, 2003.
Section: 55.57 55.58 55.59 55.60 55.61 56.01 56.02 56.03 57.001 57.002 57.003 57.0031 57.004 57.005 57.006
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Last modified: August 10, 2007
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