In Re DIB

988 S.W.2d 753, 42 Tex. Sup. Ct. J. 467, 1999 Tex. LEXIS 29, 1999 WL 188056
CourtTexas Supreme Court
DecidedApril 1, 1999
Docket98-0308
StatusPublished

This text of 988 S.W.2d 753 (In Re DIB) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re DIB, 988 S.W.2d 753, 42 Tex. Sup. Ct. J. 467, 1999 Tex. LEXIS 29, 1999 WL 188056 (Tex. 1999).

Opinion

988 S.W.2d 753 (1999)

In the Matter of D.I.B., Respondent.

No. 98-0308.

Supreme Court of Texas.

Argued September 8, 1998.
Decided April 1, 1999.

*754 Joe Frank Garza, Thomas S. Truner, Alice, for relator.

Robert A. Berg, Corpus Christi, for Respondent.

Justice OWEN delivered the opinion of the Court, in which Chief Justice PHILLIPS, Justice HECHT, Justice ENOCH, Justice ABBOTT, Justice HANKINSON, Justice O'NEILL and Justice GONZALES joined.

The State presents several issues in this juvenile proceeding. The first is whether a reviewing court must conduct a harm analysis when a trial court fails to follow section 54.03(b)(2) of the Family Code, which requires the trial court to explain to the child and his or her parent, guardian, or ad litem that the record in a juvenile adjudication may be used in the punishment phase of a subsequent, adult criminal proceeding. We hold that the court of appeals should have conducted a harm analysis but that the trial court's failure to give the required explanation was harmless error in this case. The next issue confronting us is whether a juvenile court may grant probation in a nonjury proceeding if there is an adjudication of delinquency based on the offense of murder. We agree with the court of appeals that a juvenile court has the authority under the Family Code to grant probation under those circumstances. Finally, we must determine whether the court of appeals erred in reversing and remanding this case for a new trial because the trial court incorrectly advised the juvenile that only a jury had the power to grant probation. We conclude that reversal was required. Accordingly, we affirm the judgment of the court of appeals.

I

D.I.B., a juvenile, was alleged to have engaged in delinquent conduct by committing murder. D.I.B. pleaded "not true" to the charge. The record reflects that neither the trial court (sitting as a juvenile court), the prosecutor, nor defense counsel had previously been involved in a juvenile proceeding when murder was the alleged offense, and there was considerable confusion about certain aspects of the applicable law.

*755 One of the areas of confusion was whether a juvenile court has the authority to grant probation if a juvenile elects to have punishment assessed by the court rather than a jury. The trial court advised D.I.B. that only a jury, not the court, could grant probation. The court was also unclear about how a record from a juvenile adjudication might be used in a subsequent criminal proceeding. Although section 54.03(b)(2) of the Family Code requires a juvenile court to explain at the beginning of an adjudication hearing that the record of that proceeding may be used in the punishment phase of a future, adult criminal proceeding,[1] the court not did give that explanation.

D.I.B. exercised her right to a jury trial, and the jury found that she had engaged in delinquent conduct and assessed a determinate sentence of twenty years. The trial court rendered judgment based on the jury's findings and assessment. Counsel for D.I.B. filed a motion for new trial, which was denied, and D.I.B. was remanded to the custody of the Texas Youth Commission.

On appeal, D.I.B. contended that the trial court's noncompliance with section 54.03(b)(2) required reversal and that it was unnecessary for the court of appeals to conduct a harm analysis. D.I.B. also contended that the trial court misstated the law regarding probation and that this error required reversal. The court of appeals agreed with D.I.B. that, having undertaken to explain probation to the juvenile, the trial court was required to correctly state the law and that it had not done so.[2] The court of appeals reversed without considering whether the trial court's misstatement of the law was harmful error. The court of appeals also held that the failure to properly admonish D.I.B. in accordance with section 54.03(b) required reversal. The court expressly declined to conduct a harm analysis with respect to that issue because the court concluded that "nothing can occur subsequent to an erroneous admonishment that can cure such an error."[3] The State filed a petition for review in this Court, which we granted. We consolidated this case for argument with In re C.O.S.,[4] which we also decide today. We first consider the trial court's failure to comply with Family Code section 54.03(b)(2).

II

The Family Code requires a trial court to give certain explanations to a juvenile who is accused of criminal conduct that could result in an adjudication of delinquency.[5] A trial court must explain, among other things, that the record of an adjudication in a juvenile proceeding may be used in the punishment phase of a future criminal proceeding.[6] The trial court in this case apparently misapprehended what the Family Code requires, and that misapprehension was apparently shared by the prosecutor:

THE COURT: [W]ith respect to a juvenile record, is there a juvenile record?
MR. TURNER [the prosecutor]: No, Your Honor.
THE COURT: So there is no issue there that needs to be discussed?
MR. TURNER: No, Your Honor.

Thus, no explanation at all was given to D.I.B. regarding the possible future use of the record from this juvenile proceeding. The State concedes and we agree that the trial court clearly erred in failing to give the statutorily required explanation. The only *756 issues regarding that omitted explanation are whether a harm analysis should have been conducted by the court of appeals and if so, whether harmful error was demonstrated.

Juvenile proceedings are quasi-criminal in nature.[7] The trial of a juvenile case is governed by the Rules of Criminal Evidence and by Chapter 38 of the Code of Criminal Procedure.[8] However, on appeal our civil rules of appellate procedure govern as far as practicable.[9] Our civil appellate rules generally require that a trial court's judgment cannot be reversed unless there is error and that error probably caused the rendition of an improper judgment.[10] The State relies on the civil rules embodying the harmful error standard rather than its criminal counterpart, and D.I.B. does not challenge the application of the civil rules under the United States or Texas Constitutions.[11] Thus, we are not called upon to decide whether the criminal rule should govern a harm analysis in a juvenile case such as this one.

The courts of appeals have diverged on whether the mandatory nature of Family Code section 54.03 forecloses a harm analysis that would otherwise be required by our rules of appellate procedure. These divergent views are evident from a comparison of the court of appeals' decision in In re C.O.S.,[12] which held that a harm analysis is necessary, with the decision in this case. One other decision that has held that a harm analysis should be conducted if a trial court fails to explain the possible future use of the record of a juvenile delinquency adjudication is In re F.M.[13] And a few courts have held that a harmful error analysis is necessary if the trial court gave a partial but incorrect explanation of any of the matters specified by section 54.03.[14]

But the decisions in C.O.S. and F.M. are in the decided minority.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Tumey v. Ohio
273 U.S. 510 (Supreme Court, 1927)
Gideon v. Wainwright
372 U.S. 335 (Supreme Court, 1963)
In Re WINSHIP
397 U.S. 358 (Supreme Court, 1970)
Arizona v. Fulminante
499 U.S. 279 (Supreme Court, 1991)
Whitten v. State
587 S.W.2d 156 (Court of Criminal Appeals of Texas, 1979)
Ex Parte McAtee
599 S.W.2d 335 (Court of Criminal Appeals of Texas, 1980)
Brenan v. Court of Civil Appeals, Fourteenth District
444 S.W.2d 290 (Texas Supreme Court, 1968)
Matchett v. State
941 S.W.2d 922 (Court of Criminal Appeals of Texas, 1996)
Eatmon v. State
768 S.W.2d 310 (Court of Criminal Appeals of Texas, 1989)
High v. State
964 S.W.2d 637 (Court of Criminal Appeals of Texas, 1998)
Morales v. State
872 S.W.2d 753 (Court of Criminal Appeals of Texas, 1994)
Cain v. State
947 S.W.2d 262 (Court of Criminal Appeals of Texas, 1997)
Ex Parte Tovar
901 S.W.2d 484 (Court of Criminal Appeals of Texas, 1995)
Robinson v. State
739 S.W.2d 795 (Court of Criminal Appeals of Texas, 1987)
Ex Parte Cervantes
762 S.W.2d 577 (Court of Criminal Appeals of Texas, 1988)
D. L. E. v. State
531 S.W.2d 196 (Court of Appeals of Texas, 1975)
D. J. M. v. State
598 S.W.2d 726 (Court of Appeals of Texas, 1980)
W.J.M.A. v. State
602 S.W.2d 397 (Court of Appeals of Texas, 1980)
I.G. v. State
727 S.W.2d 96 (Court of Appeals of Texas, 1987)
C_ E_ J v. State
788 S.W.2d 849 (Court of Appeals of Texas, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
988 S.W.2d 753, 42 Tex. Sup. Ct. J. 467, 1999 Tex. LEXIS 29, 1999 WL 188056, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-dib-tex-1999.