In re R.G.

994 S.W.2d 309
CourtCourt of Appeals of Texas
DecidedMay 27, 1999
DocketNo. 01-98-00878-CV
StatusPublished
Cited by50 cases

This text of 994 S.W.2d 309 (In re R.G.) 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 R.G., 994 S.W.2d 309 (Tex. Ct. App. 1999).

Opinion

OPINION

MARGARET GARNER MIRABAL, Justice.

This is an appeal from a juvenile court order transferring appellant, R.G., to the custody of the Institutional Division of the Texas Department of Criminal Justice for [311]*311the completion of a forty year determinate sentence. We affirm.

FACTS

In March 1995, a jury found that appellant, a person under the age of seventeen, engaged in the delinquent conduct of murder. The jury assessed appellant’s punishment at a determinate sentence of 40 years confinement in the Texas Youth Commission (TYC), with possible transfer to the Texas Department of Criminal Justice (TDCJ).

On April 27, 1998, before appellant’s eighteenth birthday, the State filed a motion requesting a May 5, 1998, transfer-release hearing to determine if appellant should be transferred to TDCJ to serve the remainder of his sentence. The motion stated “notification has been received from the Texas Youth Commission ... and they have requested that a hearing be scheduled and a bench warrant be issued for the Juvenile Respondent.” In the motion, the State requested that proper notice of the hearing be sent as required by law to: (1) appellant, at the Giddings State School; (2) appellant’s parents; (3) the legal custodian of appellant, the TYC, at the Giddings State School; and (4) the mother of the complainant. The motion stated that appellant’s counsel had been notified of the hearing and had indicated his agreement to the hearing date.

Appellant, his parents, his counsel, counsel for the State, a representative for the TYC, and the complainant’s mother all appeared at the hearing. After considering the evidence, the trial court entered an order transferring appellant to the TDCJ to serve the remainder of his sentence.

NOTICE

In his first three points of error, appellant complains the trial court did not have “jurisdiction” to proceed with the transfer hearing “absent any proof of service of the notice of the hearing upon appellant.”

At the hearing, before any evidence was presented, appellant objected to the court’s jurisdiction to hear the matter. Appellant’s counsel claimed the State had the burden of proving appellant received notice of the hearing, and without proof of notice in the record, the court did not have jurisdiction to proceed with the hearing. The State responded that it had requested, through its motion, that notice be sent to all interested parties, and the judge had signed an order directing notice be sent. All interested parties were present in the courtroom. The court overruled appellant’s objection to jurisdiction.

The trial court retained jurisdiction over appellant for purposes of the transfer hearing. The Family Code provides:

Jurisdiction for Transfer or Release Hearing

The court retains jurisdiction over a person, without regard to the age of the person, who is referred to the court under section 54.11 for transfer to the Texas Department of Criminal Justice or release under supervision.

Tex. Fam.Code Ann. § 51.0411 (Vernon Supp.1999). Appellant was referred to the court under section 54.11 for transfer to the TDCJ. The court properly overruled appellant’s objection to jurisdiction.

As to appellant’s general complaint about the adequacy of the notice of the hearing, Section 54.11(b) of the Family Code provides: “The court shall notify the following of the time and place of the hearing: (1) the person to be transferred or released under supervision.” Tex. Fam. Code Ann. § 54.11(b)(1) (Vernon 1996). The record reflects the following: In its motion for a release and transfer hearing, the State requested that appellant receive “proper notification as required by law”; the trial court ordered that appellant (as well as appellant’s legal custodian, parents, and the mother of the complainant) receive notice of the hearing; all of those parties, plus appellant’s attorney who had agreed to the hearing date, were present at the [312]*312hearing. We conclude that the record supports the trial court’s finding, set out in its order, that “due notice had been issued on all parties as required by sections 54.11(b) and (d), Texas Family Code.”

We overrule points of error one through' three.

SUFFICIENCY OF EVIDENCE

In points of error four, five, and six, appellant argues the trial court abused its discretion by ordering his transfer to the TDCJ because: (1) it did not follow the recommendations of the expert who testified at the hearing; (2) there was no evidence to support the order of transfer; and (3) there was insufficient evidence to support the transfer.

When reviewing the trial court’s decision to transfer a juvenile from the TYC to the TDCJ, the appellate court employs an abuse of discretion standard. K.L.M. v. State, 881 S.W.2d 80, 84 (Tex.App.—Dallas 1994, no writ); In re C.L., Jr., 874 S.W.2d 880, 886 (Tex.App.—Austin 1994, no writ). If some evidence exists to support the trial court’s decision, there is no abuse of discretion. Id.

In making the transfer-release determination, the trial court may consider: the experiences and. character of the person before and after commitment to the TYC; the nature of the offense the person was found to have committed and the manner in which the offense was committed; the ability of the person to contribute to society; the protection of the victim of the offense or any member of the victim’s family; the recommendations of the youth commission and prosecuting attorney; the best interests of the person; and any other factor relevant to the issue to be decided. Tex. Fam.Code Ann. § 54.11(k) (Vernon 1996).

The trial court is not required to consider all of the factors, and the court is expressly allowed to consider unlisted but relevant factors. C.L., Jr., 874 S.W.2d at 886. Evidence of each factor is not required. Id. Similarly, the court may assign different weights to the factors it considers. Id. To apply the standard, we look to see whether the court acted without reference to guiding rules or principles. Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238, 241-42 (Tex.1985); In re J.C.D., 874 S.W.2d 107, 108 (Tex.App.—Austin 1994, no writ). We may not reverse for abuse of discretion merely because we disagree with the trial court’s decision, as long as the decision was within the trial court’s discretionary authority. J.C.D., 874 S.W.2d at 108.

At appellant’s transfer hearing, the trial court heard testimony from the victim’s mother, the program administrator for the TYC, a clinical psychologist at the TYC, and appellant. The court also took judicial notice of the summary report and the complete file from the TYC, and the confession and statements from the court’s file of the adjudication hearing.

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Bluebook (online)
994 S.W.2d 309, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-rg-texapp-1999.