In re H.Y.

512 S.W.3d 467, 2016 WL 7104009, 2016 Tex. App. LEXIS 12893
CourtCourt of Appeals of Texas
DecidedDecember 6, 2016
DocketNO. 01-16-00501-CV
StatusPublished
Cited by31 cases

This text of 512 S.W.3d 467 (In re H.Y.) 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 H.Y., 512 S.W.3d 467, 2016 WL 7104009, 2016 Tex. App. LEXIS 12893 (Tex. Ct. App. 2016).

Opinion

OPINION

Rebeca Huddle, Justice

This is an accelerated appeal from the juvenile court’s second order waiving jurisdiction and transferring H.Y. to criminal district court to stand trial as an adult. H.Y. was previously transferred, but a panel of this Court reversed that order pursuant to Moon v. State, 451 S.W.3d 28 (Tex. Crim. App. 2014), because it did not include the findings required by the Juvenile Justice Code for transfer pursuant to section 54.02(a). Yado v. State, No. 01—14— 00578-CR, 2015 WL 3982045, at *1 (Tex.App.-Houston [1st Dist.] June 30, 2015, no pet.). On remand, the juvenile court again waived its jurisdiction and certified H.Y., who was at that point over the age of 18, to stand trial as an adult.

On appeal, H.Y. argues that (1) the juvenile court improperly admitted evidence at the transfer hearing in violation of the Texas Rules of Evidence and Code of Criminal Procedure, (2) Juvenile Justice Code section 54.02(j), which governs transfer of those who have reached the age of 18, violates the equal protection clauses of the United States and Texas constitutions, and (3) insufficient evidence supports the juvenile court’s findings supporting transfer. We affirm.

Background

First transfer and appeal

In March 2013, the State filed a petition in Harris County juvenile court alleging that H.Y., at age 16, engaged in delinquent conduct by committing aggravated robbery with a deadly weapon. Two months later, in May 2013, the State moved to transfer H.Y. to criminal district court to be tried as an adult pursuant to section 54.02(a) of the Juvenile Justice Code. The juvenile court held a hearing on the motion and signed an order in July 2013 waiving its jurisdiction and transferring H.Y. to criminal district court.

In the criminal district court, H.Y. entered into a plea agreement with the State, [471]*471and pursuant to that agreement, the district court assessed punishment at ten years’ imprisonment, but certified H.Y.’s right to pursue appeal of the juvenile court’s transfer order.1 Yado, 2015 WL 3982045, at *2. On appeal, this Court held that the juvenile court did not make the statutorily-required findings to support the transfer, vacated the district court’s judgment, dismissed the criminal district court case, and remanded the case to the juvenile court. Id.

Proceedings on remand

H.Y. had turned 18 years old by the time this Court’s mandate issued in September 2015. On remand, the State again moved to transfer H.Y. from the juvenile court to the criminal district court pursuant to section 54.02(a). H.Y. responded, opposing the motion on several grounds, including that section 54.02(a) only permits transfer of those 17 years of age and younger. The State subsequently filed an amended petition and motion to transfer seeking to transfer H.Y. pursuant to section 54.02(j) °f the Juvenile Justice Code, which governs transfers from juvenile court when the person is 18 years of age or older.

Second transfer hearing

Equal protection argument

The juvenile court held a hearing on the motion to transfer. At the hearing, H.Y. argued that section 54.02(j) violated the equal protection clauses of the Texas and United States constitutions because it enabled the State to transfer a person who has reached the age of 18 more easily than a person under the age of 18. H.Y. contended that juveniles are a suspect class and that the statute unlawfully penalized him for prevailing in his first appeal by making it easier for the State to transfer him on remand since he had reached the age of 18. The trial court overruled H.Y.’s equal protection argument.

Testimony and evidence regarding offense

Sergeant R. Opperman of the Houston Police Department, the sole witness at the hearing, testified that he was working an approved extra job on March 3, 2013, when he heard over the radio that three Hispanic males had just robbed a man at gunpoint and stolen his wallet. Another officer located the suspects driving a previously stolen vehicle. The suspects fled, crashing the car in the vicinity of a parking garage and continuing on foot.

Opperman responded to the scene and saw H.Y. jumping from the parking garage onto a nearby hill. H.Y. matched the description of the driver of the vehicle, so Opperman pursued him and took him into custody. He searched H.Y. and found a pistol magazine in his pocket.

Opperman took H.Y. to the complainant’s location a block away where another officer conducted a show-up procedure and the complainant identified H.Y. as the person who had pointed a gun at him during the robbery. H.Y. was searched and $644 was found in his shoe. Opperman testified that the complainant’s wallet and credit card were found in the vehicle from which H Y. had fled.

In addition to Opperman’s testimony, a number of exhibits were admitted at the transfer hearing. Among these was the probation report, which detailed the circumstances of the crime, including the fact [472]*472that H.Y. was driving the suspect vehicle, the evidence found on his person, and the fact that the complainant identified H.Y. as the person who pointed a gun at him during the robbery.

Evidentiary objections

H.Y. objected to the admission of various parts of Opperman’s testimony at the hearing on the ground that the testimony violated the Rules of Evidence or Chapter 38 of the Code of Criminal Procedure. He argued that section 51.17(c) of the Juvenile Justice Code makes the Rules of Evidence and Chapter 38 of the Code of Criminal Procedure applicable to a transfer hearing and therefore the trial court was required to exclude the complained-of evidence on this basis.

H.Y. objected that Opperman’s testimony about the following was inadmissible hearsay because he heard about these events from other officers and did not directly witness them:

• Descriptions of the alleged suspects;
• The fact that $644 was found in H.Y’s shoe;
• The fact that the complainant’s property was found in the suspect vehicle;
• The complainant’s account of the robbery and the fact that the complainant identified H.Y.; and
• The fact that H.Y. was driving the suspect vehicle.

The juvenile court overruled H.Y.’s hearsay objections.

H.Y. also objected to the admission of Opperman’s testimony regarding the complainant’s show-up identification of H.Y. and the $644 found in H.Y.’s shoe while he was at the show-up location on the grounds that this evidence was illegally obtained. H.Y. argued that section 52.02 of the Juvenile Justice Code required Opperman to take H.Y. directly to the juvenile processing office and did not permit Opperman to bring H.Y. to the complainant’s location for a show-up identification. Section 52.02 provides in relevant part:

[A] person taking a child into custody, without unnecessary delay and without first taking the child to any place other than a juvenile processing office designated under Section 52.025, shall do one of the following:

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Cite This Page — Counsel Stack

Bluebook (online)
512 S.W.3d 467, 2016 WL 7104009, 2016 Tex. App. LEXIS 12893, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-hy-texapp-2016.