In re J.R.

907 S.W.2d 107
CourtCourt of Appeals of Texas
DecidedSeptember 27, 1995
DocketNo. 03-94-00727-CV
StatusPublished
Cited by85 cases

This text of 907 S.W.2d 107 (In re J.R.) 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 J.R., 907 S.W.2d 107 (Tex. Ct. App. 1995).

Opinion

PER CURIAM.

J.R., a juvenile, appeals the trial court’s order placing him on probation in the custody of his parents. The court’s disposition order followed its order adjudicating J.R. delinquent. In the order of adjudication, the trial court found that J.R. violated section 22.01 of the Texas Penal Code, causing bodily injury to Hector Garcia by hitting and kicking him in the face and ribs with his fists and feet. Tex.Fam.Code Ann. § 51.03(a) (West Supp.1995); see Tex.Pen.Code Ann. § 22.01 (West 1994). J.R. attacks the disposition order by two points of error. We will affirm the trial court’s order.

Among the conditions of probation, the trial court ordered J.R. to pay $4,000.00 to the medical providers of the victim. J.R. asserts in his first point of error that the trial court erroneously admitted in evidence statements of the victim’s medical expenses without hearing any testimony on the reasonableness of the charges for his treatment.

The trial court admitted in evidence statements of account from Angelo Community Hospital, West Texas Medical Associates, and Oral Surgery Associates of San Angelo showing amounts due for treating the injuries to Hector Garcia’s jaw from the assault. The charges on these statements totalled $6,442.80. Witnesses testified that $1,240.03 of that total had been reimbursed from the crime victims’ compensation fund. See Crime Victims’ Compensation Act, Tex.Code Crim.Proc.Ann. arts. 56.31-61 (West Supp. 1995).

J.R. argues that the trial court could not order restitution without proof that the amount ordered was reasonable.1 In making this argument, J.R. likens restitution to the damages awarded a plaintiff in a civil case. If a juvenile court finds that a child has engaged in delinquent conduct in which property damage or personal injury occurred, the court can order the child or a parent “to make full or partial restitution to the victim of the offense.” Tex.Fam.Code Ann. § 54.041(b) (West 1986). The court must limit the amount of restitution ordered to the actual damages the victim has incurred. Id. [109]*109In authorizing the court to order restitution, however, the legislature did not define that term. Restitution is generally defined as an equitable remedy under which a person is restored to his or her original position before the loss or injury; act of restoring; restoration of anything to its rightful owner; the act of making good or giving equivalent for any loss, damage, or injury; and indemnification. Black’s Law Dictionary 1313 (6th ed. 1990).

The concept of restitution is found in both the civil and criminal law. A civil litigant, for instance, can obtain restitution by an action in quantum meruit; such a litigant can also sue for restitution as a remedy, alternative to damages, for breach of an express contract. Explorers Motor Home Corp. v. Aldridge, 541 S.W.2d 851, 852-53 (Tex.Civ.App.—Beaumont 1976, writ ref'd n.r.e.); Coon v. Schoeneman, 476 S.W.2d 439, 441 (Tex.Civ.App.—Dallas 1972, writ ref'd n.r.e.). In the adult criminal justice system, the court that sentences a defendant convicted of an offense can order the defendant to make restitution to any victim of the offense. Tex.Code Crim. Proe.Ann. art. 42.037 (West Supp.1995). A sentencing court can also order restitution as a condition of probation. Tex.Code Crim. Proe.Ann. art. 42.12(ll)(b) (West Supp.1995). See also Tex.Code Crim.Proc.Ann. arts. 42.01(1)(25), 42.031(l)(b)(3) (West Supp.1995).

Although juvenile delinquency proceedings are considered civil proceedings, they are quasi-criminal in nature. C.E.J. v. State, 788 S.W.2d 849, 852 (Tex.App.—Dallas 1990, writ denied); Smith v. Rankin, 661 S.W.2d 152, 153 (Tex.App.—Houston [1st Dist.] 1983, orig. proceeding). One court has characterized juvenile proceedings as essentially criminal trials, involving criminal issues on appeal. M.B. v. State, 894 S.W.2d 82, 85 (Tex.App.—El Paso 1995, no writ). Aspects of juvenile proceedings governed by the rules of criminal proceedings include the State’s burden of proof, the right to trial by jury, the privilege against self-inerimination, the right to trial and confrontation of witnesses, and confessions. In re M.A.G., 541 S.W.2d 899, 901 (Tex.Civ.App.—Corpus Christi 1976, writ ref'd n.r.e.). The juvenile is guaranteed the constitutional rights an adult would have in a criminal proceeding because the juvenile delinquency proceedings seek to deprive the juvenile of his liberty. C.E.J., 788 S.W.2d at 852; Smith, 661 S.W.2d at 153.

Once a trial court determines that a juvenile has engaged in delinquent conduct, the Family Code authorizes the court to order the juvenile to pay restitution as part of the disposition. Engaging in delinquent conduct can include the violation of a penal law, a previous court order, or a law prohibiting driving while intoxicated. Tex.Fam.Code Ann. § 51.03(a), (b) (West Supp.1995). The recipient of the restitution is the victim of the delinquent conduct. Tex.Fam.Code Ann. § 54.041 (West 1986). The Family Code limits the amount of restitution ordered to the victim’s actual damages. Tex.Fam.Code Ann. § 54.041(b) (West 1986).

Because of the context in which the juvenile court can order restitution, we determine that the rules of restitution in criminal cases should apply. In a criminal proceeding, the amount of restitution is required to be “just,” that is, supported by sufficient factual evidence in the record that the expense was incurred. Thompson v. State, 557 S.W.2d 521, 525-26 (Tex.Crim.App.1977); Jones v. State, 713 S.W.2d 796, 797 (Tex.App.—Tyler 1986, no pet.). The amount of expense incurred need not be supported by proof that it was reasonable. Davis v. State, 757 S.W.2d 386, 389 (Tex.App.—Dallas 1988, no pet.).

Similarly, we construe the term “actual damages” consistently with the approach to restitution in criminal cases. The trial court therefore correctly admitted the statements of expense actually incurred for Garcia’s medical care without proof that the amounts charged were reasonable. Based on this conclusion, we need not address J.R.’s claim that the trial court should have required an affidavit on reasonableness to be filed thirty days before the testimony as to expenses. See Tex.Civ.Prac. & Rem.Code Ann. § 18.001 (West 1986 & Supp.1995). We overrule point one.

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Bluebook (online)
907 S.W.2d 107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jr-texapp-1995.