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Criminal Law No. 74-108, 4/30/2003. Click here for the full text of this decision FACTS: This is an application for a post-conviction writ of habeas corpus under Texas Code of Criminal Procedure article 11.07. The applicant, a juvenile, was adjudicated as having engaged in delinquent conduct by committing capital murder and sentenced to 30 years’ imprisonment. Because such an adjudication is not a final felony conviction for purposes of article 11.07, habeas corpus does not lie under that article’s provisions for post-conviction relief from this court. After the adjudication and assessment of punishment in juvenile court, the applicant appealed to the court of appeals. The court affirmed the judgment, and the Texas Supreme Court denied the applicant a writ of error. The applicant also filed a petition for discretionary review with this court contemporaneously with his filing in the Supreme Court. Because this court does not have jurisdiction in direct appeals of juvenile matters, the court did not accept the applicant’s petition. The applicant initially was committed to the Texas Youth Commission. Pursuant to the juvenile court’s order, he served his sentence there until he reached the age of 17 and-a-half years, at which time the court conducted a transfer hearing pursuant to Texas Family Code �54.11. The court ordered the applicant to serve the remainder of his sentence in the Institutional Division of the Texas Department of Criminal Justice. The court of appeals affirmed the judgment of transfer, and the Supreme Court refused the applicant’s petition for review. The applicant now seeks habeas corpus relief from this court under article 11.07. HOLDINGDismissed. Juvenile adjudications are not “convictions” for the purposes of Texas Code of Criminal Procedure article 11.07. The Legislature has determined that juvenile delinquency proceedings are of a civil nature and are not to be treated as criminal matters unless specifically mandated. The Family Code contains a Juvenile Justice Code that reflects this determination. In juvenile proceedings, jurisdiction lies exclusively with the juvenile court unless under [the Juvenile Justice Code is not a conviction of a crime and does not impose any civil disability ordinarily resulting from a conviction. Thus the Legislature has determined that juvenile adjudications of delinquency are of a criminal nature only in limited circumstances. Finally, the Family Code provides for an appeal of an order from a juvenile court, which may be carried to the Texas Supreme Court. The juvenile court retains jurisdiction of the case during the appellate process. Because all juvenile adjudications – including appeals – remain on the civil side of the judicial system unless transferred to a criminal court, article 11.07 should not be used to transport juvenile cases to the criminal side for the single, specific proceeding of an application for writ of habeas corpus. The appeal procedures in the Juvenile Justice Code do not limit a child’s right to obtain a writ of habeas corpus. This court has held that article V, �8 of the Texas Constitution gives the district court plenary power to issue the writ of habeas corpus. Although the court expresses no opinion on the matter, the court notices that a court of civil appeals held that it had appellate jurisdiction of an appeal from a habeas corpus proceeding in which the validity of an adjudication of delinquency was challenged but upheld, and that several courts of appeals have entertained appeals when writs of habeas corpus were issued by district courts on the application of juveniles accused of delinquent conduct. OPINION: Womack, J.; Keller, P.J., Meyers, Price, Johnson, Keasler, Hervey and Cochran, JJ., join. Holcomb, J., concurrs in the judgment.

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