C.O.S., Matter Of

961 S.W.2d 360, 1997 Tex. App. LEXIS 4167, 1997 WL 454073
CourtCourt of Appeals of Texas
DecidedAugust 7, 1997
DocketNo. 01-95-01206-CV
StatusPublished
Cited by6 cases

This text of 961 S.W.2d 360 (C.O.S., Matter Of) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
C.O.S., Matter Of, 961 S.W.2d 360, 1997 Tex. App. LEXIS 4167, 1997 WL 454073 (Tex. Ct. App. 1997).

Opinions

EN BANC OPINION

WILSON, Justice.

Appellant, C.O.S., was charged with engaging in delinquent conduct by committing aggravated sexual assault of two female juveniles. At the time of the conduct, appellant was 14 years old and the victims were ages eight and six. Appellant pled not guilty and elected to have a bench trial. The trial judge heard evidence, found appellant had engaged in the charged delinquent conduct, and ordered appellant committed to the Texas Youth Commission for 10 years. C.O.S. now appeals urging three points of error, primarily complaining the trial judge did not give him every admonishment required by Tex. Fam.Code Ann. § 54.03(b) (Vernon 1996). We affirm.

In his second point of error, appellant argues the trial court erred in conducting the adjudication hearing without first administering the proper admonishments consistent with the Family Code. The requirements are:

(a) A child may be found to have engaged in delinquent conduct or conduct indicating a need for supervision only after an adjudication hearing conducted in accordance with the provisions of this section.
(b) At the beginning of the adjudication hearing, the juvenile court judge shall explain to the child and his parent, guardian, or guardian ad litem:
(1) the allegations made against the child;
(2) the nature and possible consequences of the proceedings, including the law relating to the admissibility of the record of a juvenile court adjudication in a criminal proceeding;
(3) the child’s privilege against self-incrimination;
(4) the child’s right to trial and to confrontation of witnesses;
(5) the child’s right to representation by an attorney if he is not already represented; and
(6) the child’s right to trial by jury.

Tex.Fam.Code Ann. § 54.03(a)-(b) (Vernon 1996).

In this case, the record indicates that appellant was advised as to the following: (1) the allegations made against him; (2) the nature and possible consequences of the proceedings; (3) his right against self-incrimination; and (4) his right to a jury trial. Appellant complains that he was not instructed as to: (1) the law relating to the admissibility of the record of a juvenile court adjudication in a criminal proceeding; and (2) his right to confront witnesses at trial.1 Therefore, appellant argues the trial court proceeded to trial after an insufficient admonishment to him under the relevant Family Code provisions. Pointedly, appellant does not argue he suffered harm from the trial judge’s failure to completely admonish him, but instead urges the omissions by the judge constituted reversible error without regard to harm.

By pleading not guilty and receiving a bench trial, appellant asserted all of his constitutionally guaranteed rights, and waived none of them other than trial by jury. Specifically, the record indicates that at trial, appellant was not only given the opportunity, but he did indeed “confront witnesses.” Appellant was represented by counsel, and through his attorney affirmatively exercised his right to confront witnesses during the bench trial; thus, the trial court’s failure to [363]*363admonish him pursuant to Tbx.Fam.Code Ann. § 54.03(b)(4) (Vernon 1996) was harmless.

Also, appellant was not harmed by the judge’s failure to admonish him under section 54.03(b)(2) of the “law relating to admissibility of the record of a juvenile court adjudication in a criminal proceeding.” TexFam. Code Ann. § 54.03(b)(2) (Vernon 1996). We observe appellant did not waive, nor give up any rights based on a belief that a finding of juvenile delinquency could not be used against him later. Rather, appellant contested the charges and strived not to be found guilty of delinquent conduct. If appellant had been told that a finding of delinquency could be used against him in a subsequent criminal proceeding, the only possible way to avoid the consequences of an adverse finding was to plead not guilty and contest the juvenile case. This is exactly what he did. Thus, appellant suffered no harm.

Appellant cites two cases holding that the admonitions are mandatory and failure to give them requires reversal. In re L.T., 848 S.W.2d 769, 772 (Tex.App. — Corpus Christi 1993, no writ); In re D.L.E. v. State, 531 S.W.2d 196, 197 (Tex.App.—Eastland 1975, no writ). These cases are distinguishable. In In re L.T. the appellant pled true to the charges of delinquent conduct and stipulated to all evidence. 848 S.W.2d at 769-70. This is the exact situation for which the admonishments were designed. A juvenile could certainly be harmed if he pled guilty or true to the charges without knowing the consequences of such a plea. However, appellant did not plead guilty, but went to trial.

In In re D.L.E., the trial court did not admonish the appellant as to (1) the allegations made against him, or (2) the nature and possible consequences of the proceedings. 531 S.W.2d at 197. The court of appeals reversed and remanded the case. Id. Even if a juvenile pled not guilty and exercised his right to a trial on the merits, he could still be harmed by the judge’s failure to give these admonishments. However, the admonishments not given in In re D.L.E. differ substantially from those appellant did not receive: (1) the law relating to the admissibility of the record, and (2) his right to trial and to confront witnesses.

In a supplemental brief, appellant also points us to an opinion issued by this Court holding that the failure to properly admonish a juvenile requires reversal. See In re T.F., 877 S.W.2d 81, 82 (Tex.App.—Houston [1st Dist.] 1994, no writ). In In re T.F., the trial court failed to give the juvenile, who pled not guilty, any of the warnings required by section 54.03(b). Id. at 81. We reversed the lower court’s judgment in In re T.F. because even though the juvenile pled not guilty and went to trial, it was necessary that he be warned of (1) the allegations made against him and (2) the nature and possible consequences of the proceedings. Id. at 82; see also Tex.Fam.Code Ann. § 54.03(b)(1), (2) (Vernon 1996). We determined the juvenile could be harmed without these warnings, even when proceeding to trial rather than pleading guilty. Because the trial court did not give any admonishments in In re T.F., it is inapplicable factually to the instant case. Here, appellant received all but two of the admonishments, and as already discussed, we hold appellant suffered no harm by the trial court’s failure to give them.

We note the statement in In re T.F. “that a harm analysis should not be applied to violations of Tex.Fam.Code Ann. § 54.03(b).” In re T.F., 817 S.W.2d at 82. The court in

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961 S.W.2d 360, 1997 Tex. App. LEXIS 4167, 1997 WL 454073, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cos-matter-of-texapp-1997.