In re D.L.N.

930 S.W.2d 253
CourtCourt of Appeals of Texas
DecidedSeptember 5, 1996
DocketNo. 14-94-01226-CV
StatusPublished
Cited by25 cases

This text of 930 S.W.2d 253 (In re D.L.N.) 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
In re D.L.N., 930 S.W.2d 253 (Tex. Ct. App. 1996).

Opinion

[255]*255OPINION

FOWLER, Justice.

Appellant, D.L.N., a juvenile, was charged with capital murder. Tex Penal Code Ann. § 19.03(a)(2) (Vernon Supp.1996). He was sixteen years old. The County Court at Law Number 2, Galveston County, waived jurisdiction and transferred him to criminal district court. Appellant brings three points of error contending the trial court abused its discretion (1) in finding probable cause to believe that appellant committed capital murder under the law of parties; (2) in finding appellant was of sufficient sophistication and maturity to waive juvenile jurisdiction; and (3) in finding sufficient evidence to waive jurisdiction of the juvenile court.

FACTS AND PRIOR POSTURE

The State charged appellant with capital murder. It was stipulated at the transfer hearing by the State and appellant that Joe Darin Campbell died as a result of being shot with a handgun on or about June 16,1994, in Galveston County, Texas. A police officer testified that appellant and Jeremy Gartrell were later arrested at the Gartrell residence. The State introduced into evidence at the hearing a written statement by appellant, the magistrate’s warning, appellant’s birth certificate, and appellant’s psychological report. At the conclusion of the hearing, the trial court waived juvenile jurisdiction and transferred appellant to district court to be tried as an adult.

TRANSFERRING JUVENILE JURISDICTION

A juvenile court may waive its exclusive, original jurisdiction and transfer a child to the appropriate district court for criminal proceedings if the child is alleged to have committed a felony and was 15 years of age or older at the time of the alleged offense. Tex Fam.Code Ann. § 54.02(a) (Vernon Supp.1994).

When considering whether to transfer its jurisdiction, the court must conduct a full investigation and hearing. Id. Before conducting the transfer hearing, the juvenile court shall order and obtain a certification investigation report. This report consists of a complete diagnostic study, social evaluation, and full investigation of the child, his circumstances, and the circumstances of the alleged offense. Tex Fam.Code Ann. § 54.02(d) (Vernon 1986). The purpose of a hearing conducted pursuant to section 54.02 is not to determine guilt or innocence but to determine whether the juvenile’s and society’s best interests are served by maintaining juvenile custody of the child or by transferring him to a criminal district court. Id. After reviewing the reports and after the hearing, the juvenile court then determines whether there is probable cause to believe that the child committed the offense alleged, and whether because of the seriousness of the offense or the background of the child, the welfare of the community requires criminal proceedings. Id.

The standard of review governing an appeal from a juvenile certification proceeding is the same as those in civil cases generally. See Tex Fam.Code Ann. § 56.01(b) (Vernon 1986); In the Matter of T.D., 817 S.W.2d 771, 773 (Tex.App.—Houston [1st Dist.] 1991, writ denied). The juvenile court’s findings of fact are reviewable by the same standards as are applied in reviewing the legal or factual sufficiency of the evidence supporting a jury’s answers to a charge. In the Matter of J.P.O., 904 S.W.2d 695, 700 (Tex.App.—Corpus Christi 1995, writ denied); In re G.F.O., 874 S.W.2d 729, 731-32 (Tex.App.—Houston [1st Dist.] 1994, no writ). When considering a “no evidence” point of error, we look only to the evidence favorable to the judgment to determine whether there is any evidence to support the finding. In reviewing an “insufficiency point,” we consider and weigh all of the evidence in the case, and, if the finding is so against the great weight and preponderance of the evidence as to be manifestly unjust, we set aside the judgment and remand for a new trial. In re G.F.O., 874 S.W.2d at 731-32.

POINTS OF ERROR

Appellant asserts in his first and third points of error the trial court abused its discretion in waiving jurisdiction because the evidence was insufficient to support its find[256]*256ing of probable cause that he was guilty of capital murder under the law of parties. Section 54.02 of the Texas Family Code requires the juvenile court to determine whether probable cause exists to believe the child committed the offense alleged. In the Matter of J.P.O., 904 S.W.2d at 700. Probable cause is defined as sufficient facts and circumstances to warrant a prudent man to believe the suspect committed or was committing the offense. Id. The probable cause standard of proof embraces a practical, common sense approach rather than the more technical standards applied in the burdens of proof of either beyond a reasonable doubt or a preponderance of the evidence. In re D.W.L., 828 S.W.2d 520, 524 (Tex.App.—Houston [14th Dist.] 1992, no writ) (citing Gerstein v. Pugh, 420 U.S. 103, 95 S.Ct. 854, 43 L.Ed.2d 54 (1975)); Mayfield v. State, 800 S.W.2d 932, 934 (Tex.App.—San Antonio 1990, no pet.).

Evidence is sufficient to support a conviction of a person under the law of parties if he acts intentionally or promotes or assists the commission of an offense, or if he solicits, encourages, directs, aids, or attempts to aid another person in committing an offense. Tex. Penal Code Ann. § 7.02(a)(2) (Vernon 1974). The evidence need only show that the actor was present at the commission of the offense and encouraged the commission of the offense either by words or other agreement. Burdine v. State, 719 S.W.2d 309, 315 (Tex.Crim.App.1986), cert. denied, 480 U.S. 940, 107 S.Ct. 1590, 94 L.Ed.2d 779 (1987). In determining whether a defendant participated in an offense as a party, the court may examine the events occurring before, during, and after the commission of the offense, and may rely on actions of the defendant which show an understanding and common design to commit the offense. Beier v. State, 687 S.W.2d 2, 3 (Tex.Crim.App.1985); Estrada v. State, 824 S.W.2d 770, 773-74 (Tex.App.—Houston [14th Dist.] 1992), pet. dism’d, improvidently granted, 846 S.W.2d 332 (Tex.Crim.App.1993).

In reviewing appellant’s legal sufficiency challenge, we must consider only the evidence and inferences tending to support the finding and disregard all evidence and inferences to the contrary. In the Matter of T.D., 817 S.W.2d at 777. Appellant stated that he and Gartell talked almost all day about committing a car-jacking. Gartell told appellant while they were still at appellant’s friend’s house to go into his friend’s dad’s room and steal a 9 mm gun. Appellant did as Gartell instructed; however, he stole a .22 automatic pistol.

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

Related

In the Matter of D.P. v. the State of Texas
Tex. App. Ct., 2nd Dist. (Fort Worth), 2026
In the Matter of J.J.T. v. the State of Texas
Court of Appeals of Texas, 2023
In the Matter of T.B. v. the State of Texas
Court of Appeals of Texas, 2023
in the Matter of D.D.C., a Child
Court of Appeals of Texas, 2022
in the Matter of A.K.
Court of Appeals of Texas, 2021
in the Matter of K.W.
Court of Appeals of Texas, 2020
in the Matter of A.J.F., a Child v. State
Court of Appeals of Texas, 2019
In re A.M.
577 S.W.3d 653 (Court of Appeals of Texas, 2019)
in the Matter of B. M.
Court of Appeals of Texas, 2019
in the Matter of J.C.B
Court of Appeals of Texas, 2019
in the Matter of P.A.B. AKA P.J.A
Court of Appeals of Texas, 2018
in the Matter of A. M.
Court of Appeals of Texas, 2018
Ex parte Navarro
538 S.W.3d 608 (Court of Criminal Appeals of Texas, 2018)
in the Matter of W.D.H.
Court of Appeals of Texas, 2017
In re C.M.M.
503 S.W.3d 692 (Court of Appeals of Texas, 2016)
in the Matter of C.M.M.
Court of Appeals of Texas, 2016
In re J.G.
495 S.W.3d 354 (Court of Appeals of Texas, 2016)
Santos Almanzar v. State
Court of Appeals of Texas, 2012
Miguel Angel Navarro v. State
Court of Appeals of Texas, 2012

Cite This Page — Counsel Stack

Bluebook (online)
930 S.W.2d 253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-dln-texapp-1996.