Opinion
No. 75-556
Decided April 29, 1976. Rehearing denied May 20, 1976. Certiorari granted July 12, 1976.
In delinquency proceeding, juvenile division of district court waived jurisdiction over child, and child appealed.
Appeal Dismissed
1. APPEAL AND ERROR — Delinquency Proceedings — Finality Requirements. Delinquency proceedings are no less subject to the finality requirements of the appellate rules than any other type of proceeding.
2. JUDGMENT — Final Judgment — Defined. A final judgment is one which ends the action in which it is entered and leaves nothing further to be done by the court pronouncing it concerning the rights of any of the parties to the action.
3. JUVENILE DELINQUENCY — Juvenile Division of District Court — Waiver of Jurisdiction — Not Appealable Order. Under the applicable statutes, an order of the juvenile division of the district court waiving jurisdiction in a delinquency proceeding is not a final disposition of the action, and therefore it is not an appealable order.
Appeal from the District Court of the County of Pueblo, Honorable Richard D. Robb, Judge.
J. E. Losavio, Jr., District Attorney, Charles Malouff, Deputy District Attorney, for petitioner-appellee.
Stuart Beckner, Louis J. Stuart, Michael G. Beckner, for appellant.
Division I.
This is an appeal from a transfer order entered by the juvenile division of the Pueblo County District Court waiving jurisdiction over D.H. in accordance with § 19-3-108, C.R.S. 1973. During oral argument, the People suggested that this order might not be an appealable order. Since we conclude that there is no final judgment within the meaning of C.A.R. 1(a)(1), we dismiss the appeal.
[1] Section 19-1-112, C.R.S. 1973, provides that any order, decree or judgment entered in a proceeding under the Colorado Children's Code may be appealed as provided by the Colorado Appellate Rules. Delinquency proceedings are no less subject to the finality requirements of C.A.R. 1(a)(1) than any other type of proceeding. See People v. People in the Interest of G.L.T., 177 Colo. 196, 493 P.2d 20; People v. P.L.V., 172 Colo. 269, 472 P.2d 127.
[2,3] A final judgment is one which ends the action in which it is entered and leaves nothing further to be done by the court pronouncing it concerning the rights of any of the parties to the action. See Jones v. Galbasini, 134 Colo. 64, 299 P.2d 503. It is evident from the provisions of §§ 19-3-108(4), 19-3-106, 19-3-109, C.R.S. 1973, that an order of the juvenile division of the district court waiving jurisdiction is not a final disposition of the action. See People v. People in the Interest of G.L.T., supra; Briones v. Juvenile Court, 188 Colo. 189, 534 P.2d 624.
Since this court is not empowered to issue original writs, see Colo. Const. Art. VI, Sec. 3; C.R.C.P. 106; and cf. Lucas v. District Court, 140 Colo. 510, 345 P.2d 1064, this appeal is dismissed.
JUDGE COYTE and JUDGE VAN CISE concur.