in the Matter Of: A. B., a Minor

Opinion issued December 5, 2003 In The Court of Appeals For The First District of Texas ____________ NO. 01-03-00700-CV ____________ IN THE MATTER OF A.B., A JUVENILE, Appellant On Appeal from the County Court at Law Walker County, Texas Trial Court Cause No. J01-08 MEMORANDUM OPINION Appellant and the opposing party, the State of Texas, have filed an agreed motion to expedite the appeal, which we granted on November 5, 2003. We now suspend Texas Rule of Appellate Procedure 39.9, the appellate rule requiring 21-days notice to the parties before submission of the case to the Court, and consider the appeal. See Tex. R. App. P. 2 (“on its own initiative an appellate court may—to expedite a decision or for other good cause—suspend a rule’s operation in a particular case and order a different procedure . . . .”). This is an appeal of an order modifying disposition and committing appellant to the Texas Youth Commission, signed by the trial court on May 29, 2003, after a hearing on the motion to modify disposition that was held at a time when appellant had already become 18 years of age. Under such circumstances, the trial court’s jurisdiction is limited to either dismissing the case or transferring the person to a district court or criminal district court for a criminal proceeding. In Re N.J.A., 997 S.W.2d 554, 556 (Tex. 1998). Because, in this case, the trial court was neither dismissing the case, nor transferring it for a criminal proceeding, the trial court was without jurisdiction to modify its disposition of appellant or commit him to the Texas Youth Commission. See In Re D.C., 49 S.W.3d 26, 28 (Tex. App.—San Antonio 2001, no pet.) (held after D.C. became 18, trial court had limited jurisdiction over him, which did not include authority to modify his disposition and commit him to Texas Youth Commission). We vacate the trial court’s May 29, 2003 order and dismiss the case. Tex. R. App. P. 43.2(e). PER CURIAM Panel consists of Justices Hedges, Alcala, and Higley.