We have an unusual(for Kerr Cty)situation that I need advice on. Juvenile petition was approved by grand jury for determinate sentencing. Since approval, new info leads us to want to certify juvenile as an adult and proceed in District ct. Question- In determinate sentencing, when the petition has been approved and the case transferred, does the juvenile ct still retain original jurisdiction? I am trying to determine the proper procedure to conduct the Discretionary Transfer to Criminal Court hearing. I would greatly appreciate your guidance.

Rex, you say the DS was approved and "transferred" transferred where ?

As long as there has been no prior adjudication on the charges ( ie a plea or trial on your DS) you can dismiss your DS and refile a request for waiver of jurisdiction aka: reqest for cert. See 54.02(a)(2)(A) and (B)

Even though your petition has already been approved by the GJ, as long as there has not been and adjudication of delinquency, I think you can file a motion to waive jurisdiction asking that the case be transferred to the adult criminal court. I have done that before with no problem. If the judge denies the motion to transfer, then the case stays in the juvenile court and proceeds on the GJ approved petition. I don't think you need to dismiss your GJ approved petition in order to ask for certification.

[This message was edited by Kris Moore on 10-03-07 at .]

I agree with Kris you don't have to dismiss your DS petition as long as your Judge lets you control the docket. I have had both filed and had a Judge tell me that because the DS was filed and approved first he was going to set it first on the docket and I think would have done so had the entire victim's family not gotten the ear of the press.