In Re JKN

115 S.W.3d 166, 2003 Tex. App. LEXIS 6994, 2003 WL 21940704
CourtCourt of Appeals of Texas
DecidedAugust 14, 2003
Docket2-02-270-CV
StatusPublished

This text of 115 S.W.3d 166 (In Re JKN) 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 JKN, 115 S.W.3d 166, 2003 Tex. App. LEXIS 6994, 2003 WL 21940704 (Tex. Ct. App. 2003).

Opinion

115 S.W.3d 166 (2003)

In the Matter of J.K.N.

No. 2-02-270-CV.

Court of Appeals of Texas, Fort Worth.

August 14, 2003.

*167 Lisa Mullen, Fort Worth, for Appellant.

Tim Curry, Crim. D.A., Charles M. Mallin, Asst. Crim. D.A. and Chief of Appellate Division, David M. Curl, Anne Swenson, Sherry Whelchel, Asst. Crim. D.As., Fort Worth, for Appellee.

Panel F: HOLMAN, GARDNER, and WALKER, JJ.

OPINION

SUE WALKER, Justice.

I. Introduction

Based upon a stipulation of evidence demonstrating J.K.N.'s unauthorized use of a motor vehicle, the juvenile court adjudicated Appellant J.K.N. delinquent and committed him to an indeterminate sentence in the Texas Youth Commission (TYC). In three points, J.K.N. complains that: the trial court erred by failing to order a psychiatric examination to determine his fitness to proceed; the evidence is insufficient to support the findings required for disposition and commitment to TYC; and the judgment and order of commitment are fundamentally defective. We modify the judgment and order of commitment to accurately reflect J.K.N.'s birth date and the single offense for which he was adjudicated delinquent and, as modified, affirm the juvenile court's judgment and order.

*168 II. Background Facts

On July 9, 2002, the State filed its third amended petition alleging that J.K.N. had engaged in delinquent conduct by (1) knowingly, and with the intent to deceive, making a false statement to a law enforcement officer conducting a criminal investigation; (2) intentionally or knowingly damaging or destroying the interior walls and furniture of a residence by hitting, smashing, and/or kicking them; (3) unlawfully appropriating a motor vehicle with intent to deprive the owner of the property; and (4) operating a motor vehicle without the effective consent of the owner. J.K.N. waived his right to a jury trial in writing and consented to the stipulation of evidence and introduction of testimony by oral stipulation, affidavits, written witness statements, and other documentary evidence.

A combined adjudication and disposition hearing was conducted on July 18, 2002. At the outset, the State waived the auto theft allegation set forth in paragraph three of its petition and chose to proceed only on paragraphs one, two, and four. After setting forth the evidence for stipulation on each of the three paragraphs, J.K.N. informed his attorney that he wished to stipulate only to paragraph four, unauthorized use of a motor vehicle. After conferring with J.K.N. and his attorney, the State agreed to J.K.N.'s stipulation and dropped the allegations contained in paragraphs one and two. The juvenile court adjudicated J.K.N. delinquent based upon his stipulation to paragraph four-unauthorized use of a motor vehicle. Moving immediately into a disposition hearing, the juvenile court heard evidence and argument and ultimately committed J.K.N. to "the care, custody and control of the Texas Youth Commission ... for an indeterminate period of time not to exceed the time whenHE shall be 21 years of age or until duly discharged...."

III. FITNESS TO PROCEED

In his first point, J.K.N. contends that the trial court erred by failing to sua sponte order a psychiatric examination to determine his mental competence and fitness to proceed. We find no error and overrule J.K.N.'s point.

The family code provides a framework for determinations of mental illness and fitness to proceed within the juvenile justice system. Section 55.31 provides in part that:

(a) A child alleged by petition or found to have engaged in delinquent conduct or conduct indicating a need for supervision who as a result of mental illness or mental retardation lacks capacity to understand the proceedings in juvenile court or to assist in the child's own defense is unfit to proceed and shall not be subjected to discretionary transfer to criminal court, adjudication, disposition, or modification of disposition as long as such incapacity endures.
(b) On a motion by a party, the juvenile court shall determine whether probable cause exists to believe that a child who is alleged by petition or who is found to have engaged in delinquent conduct or conduct indicating a need for supervision is unfit to proceed as a result of mental illness or mental retardation.

TEX. FAM.CODE ANN. § 55.31(a)-(b) (Vernon 2002) (emphasis added). If the court finds probable cause to believe that the child is unfit to proceed, then the court shall temporarily stay the juvenile proceedings and immediately order the child to be examined. Id.

J.K.N. concedes that the motion contemplated by section 55.31 was never made in this case. And, although a juvenile *169 court has the power to order a physical or mental examination on its own motion at any stage of juvenile proceedings, it is not statutorily required to do so. Id. § 51.20; accord In re E.M.R., 55 S.W.3d 712, 719 (Tex.App.-Corpus Christi 2001, no pet.) (refusing to impose on trial court duty of holding sua sponte hearing on child's fitness to proceed in absence of statutory mandate). Consequently, here, the juvenile court was not statutorily required to make any determination regarding J.K.N.'s fitness to proceed.

Nonetheless, J.K.N. argues that due process considerations require the court to have a juvenile examined on its own motion "where there is such blatant and extensive evidence of mental illness raised."

Although a juvenile delinquency trial is a civil proceeding, it is quasi-criminal in nature. Smith v. Rankin, 661 S.W.2d 152, 153 (Tex.App.-Houston [1st Dist.] 1983, orig. proceeding). Accordingly, a child under our juvenile justice system is afforded the basic constitutional protections of an adult. In re J.E.H., 972 S.W.2d 928, 929 (Tex.App.-Beaumont 1998, pet. denied); In re D.S., 921 S.W.2d 383, 386 (Tex.App.-Corpus Christi 1996, writ dism'd w.o.j.). As the court of criminal appeals recently explained in McDaniel v. State,

In both Texas and the federal system, "[i]t has long been accepted that a person whose mental condition is such that he lacks the capacity to understand the nature and object of the proceedings against him, to consult with counsel, and to assist in preparing his defense may not be subjected to a trial." The conviction of an accused person while he is legally incompetent violates due process. Thus, to protect a criminal defendant's constitutional rights, a trial court must inquire into the accused's mental competence once the issue is sufficiently raised.

98 S.W.3d 704, 709-10 (Tex.Crim.App. 2003) (emphasis added) (citations omitted).

Accordingly, we will examine the record to see whether evidence exists that the trial court should have reasonably concluded that, as a result of mental illness, J.K.N. lacked the capacity to understand the proceedings, to consult with counsel, or to assist in his own defense, so that the court's failure to order a psychiatric examination violated J.K.N.'s due process rights. See In re K.A.H.,

Related

Asberry v. State
813 S.W.2d 526 (Court of Appeals of Texas, 1991)
French v. State
830 S.W.2d 607 (Court of Criminal Appeals of Texas, 1992)
Smith v. Rankin
661 S.W.2d 152 (Court of Appeals of Texas, 1983)
in the Matter of E.M.R., a Juvenile
55 S.W.3d 712 (Court of Appeals of Texas, 2001)
K.A.H., Matter Of
700 S.W.2d 782 (Court of Appeals of Texas, 1985)
In re D.S.
921 S.W.2d 383 (Court of Appeals of Texas, 1996)
Matter of J.E.H.
972 S.W.2d 928 (Court of Appeals of Texas, 1998)
McDaniel v. State
98 S.W.3d 704 (Court of Criminal Appeals of Texas, 2003)
In re J.K.N.
115 S.W.3d 166 (Court of Appeals of Texas, 2003)

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Bluebook (online)
115 S.W.3d 166, 2003 Tex. App. LEXIS 6994, 2003 WL 21940704, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jkn-texapp-2003.