In re K.J.

493 S.W.3d 140, 2016 WL 1714886, 2016 Tex. App. LEXIS 4456
CourtCourt of Appeals of Texas
DecidedApril 28, 2016
DocketNOS. 01-15-00947-CV, 01-15-00948-CV, 01-15-00949-CV
StatusPublished
Cited by19 cases

This text of 493 S.W.3d 140 (In re K.J.) 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 K.J., 493 S.W.3d 140, 2016 WL 1714886, 2016 Tex. App. LEXIS 4456 (Tex. Ct. App. 2016).

Opinion

OPINION

Sherry Radack, Chief Justice

This is an appeal from a juvenile court order waiving jurisdiction and transferring appellant’s case to the criminal district court. We affirm.

BACKGROUND

Appellant is charged with three counts of armed robbery against three different complainants in three separate incidents. At the time of the alleged offenses, appellant was 14 years old. The State filed a petition in all three cases asking the juvenile court to waive jurisdiction and transfer the cases to criminal district court.

Relying on evidence taken at an eviden-tiary hearing, as well as appellant’s juvenile probation report and a psychological evaluation, the juvenile court granted the State’s motions with the following November 5, 2015 order:

ORDER TO WAIVE JURISDICTION

ON THE 1ST DAY OF OCTOBER, 2015, this Court held a hearing.in the above styled and numbered petitions pursuant to Section 54.02 of the Texas Family Code. After reviewing all the testimonial and documentary evidence admitted at the hearing, the Court’s files under these cause numbers of which it took judicial notice, and the Respondent’s demeanor and conduct before this Court at the hearing and during interactions with the Court before the hearing, the Court now decides to waive its exclusive, original jurisdiction and discretion-arily transfer the Respondent to the Criminal District Court. The Court reaches this decision because the welfare of the community requires criminal proceedings based on the seriousness of [143]*143the offenses alleged and the background of the child.

In reaching this decision, the Court makes the following findings of fact:

1. There is probable cause to believe the Respondent committed the offenses, as alleged in the petitions, namely the offenses of Aggravated Robbery, which are first degree felonies. The Respondent, having been born on November 22, 2000, was 14 years old on April 12 and 13, 2015, the dates of the commission of the alleged offenses.
2. The .Respondent was properly served with the petitions and summons in compliance with the notice requirements of Section 53,04,53,05, 53.06, and 53.07 of the Texas Family Code including _ that the summons stated the purpose of the hearing was to consider discretionary transfer to Criminal District Court. Moreover, the Respondent received the petitions and summons at least two days before this Court conducted the hearing.
3. The Court ordered a complete diagnostic study, social evaluation, and full investigation of the Respondent, his circumstances, and the circumstances of the alleged offenses. The Court did receive a full investigation of the Respondent, his prior referrals, a social evaluation, diagnostic study, and his circumstances.
4. At least five days before this hearing, the attorney for the Respondent and attorney for the State received a copy of all reports this Court considered in reaching its decision, namely: the probation report, the Court Report information Summary and 315th District Court Certification Report.

The Court then weighed, in addition to the above, the following factors and makes the below listed findings that support its decision, namely:

1. This Court reviewed and considered ■' whether the alleged offenses were against person or property and finds in support of discretionary transfer specifically as follows:
There is probable cause to believe the Respondent committed multiple ■ offenses against the person of another, and that because they are against the-person it gives greater weight in favor of discretionary ■ transfer under this factor.
More specifically,' the Court finds the following -aspects of the alleged offenses, and the Respohdent’s alleged participation in it, particularly egregious and aggravating:
Thé Respondent used and exhibited a deadly weapon, namely a firearm, during the commission of each of these offenses. On April 12, 2015, the Respondent stole a white SUV from a complainant in an apartment complex parking lot. The Complainant located pictures that had been taken with his stolen cellphone that were uploaded to his photo album on his iCloud account. The - Respondent is in the pictures and is seen holding a .380 caliber pistol. The complainant identified the Respondent as the individual who held the gun to him and took his property. The Complainant stated to the officer that he was scared for his life. The Respondent later admitted in a recorded interview with police officers that he had driven a white SUV.
Further, on April 13, 2015, the Respondent threatened an eighty-year-old Complainant by pointing a firearm to her while demanding that she exit her vehicle. This ae[144]*144tion put the Complainant in fear of death or serious bodily injury. The Respondent then drove away in the complainant’s vehicle. The Respondent , was later identified by the complainant as the gunman in the aggravated robbery.
Additionally, on April 13, 2015, the Respondent approached a Complainant in her apartment complex and pointed a firearm to her face and demanded.her keys, cellphone, and the passcode to her phone. The Complainant testified tjiat she was terrified and was scared for her . life. The Complainant identified the Respondent as the person who held fhe gun up to her head. The Complainant’s stolen cellphone was later recovered with a video of the Respondent on it, as well as, photos of the Respondent holding guns and displaying gang signs.
2. This Court reviewed and considered the sophistication and maturity .. of the Respondent and finds in support of discretionary transfer specifically as follows:
The Respondent’s level of Sophistication-Maturity, according .to Dr. John Webb, was in the middle range in comparison to most individuals his age. Dr. Webb stated that the Respondent exhibits an average level of intellectually based sophistication and an average level of criminal sophistication. Additionally, the Respondent was found to be at a moderate risk for future offending. Dr. Webb listed out the following risk factors that are associated with reoffending that he saw present in the Respondent: Attention-Deficit/hyper- , activity difficulties, a history of nonviolent offending, past supervision/intervention failures, poor school achievement, peer delinquency, stress and poor coping, community . disorganization, risk taking/impulsivity, substance use difficulties, anger management problems, poor compliance, and low interest/commitment to school. Further, the Respondent demonstrated that he clearly understands and is very aware that there are different consequences'in the juvenile, compared to the adult justice system.
3. This Court reviewed the Respondent’s record and previous history and finds in support of discretionary transfer specifically as follows:
The Respondent had several prior referrals to the Harris County Juvenile System. The Respondent was placed oh deferred adjudication probation for the misdemeanor offense of Criminal Trespass that was referred on August 5, 2013.

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Bluebook (online)
493 S.W.3d 140, 2016 WL 1714886, 2016 Tex. App. LEXIS 4456, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-kj-texapp-2016.