I got an e-mail from someone that has certified a now-adult on a very old murder case that was committed when the defendant was a child.
The prosecution has now decided that they don't want to go forward. They do hope to be able to prosecute the case later if better evidence is developed. So the question is how to put the case back into cold storage.
My first thought was that if there is no indictment there is nothing to dismiss. Matter of A.A.,929 S.W.2d 649, 654 n.5 (Tex.App.-San Antonio 1996, no writ) ("a juvenile certified to stand trial as an adult will be tried upon an indictment or felony information and not upon the State's petition filed in juvenile court") (citing Ex parte Solete, 603 S.W.2d 853, 857 (Tex. Crim. App. 1980)).
Assuming that a dismissal is needed, I looked at 54.02(m) which would seem to say that getting an indictment would be necessary to avoid the later need for a second certification. But getting an indictment would probably be bad for speedy trial purposes. I also can't figure out what TPC 8.07(b) means by "or the juvenile court has previously waived jurisdiction." Seems to conflict with 54.02(m).
Anyone dealt with this situation or have an opinion on how to proceed.
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