In re R.P.

37 S.W.3d 76
CourtCourt of Appeals of Texas
DecidedDecember 6, 2000
DocketNo. 04-00-00221-CV
StatusPublished
Cited by15 cases

This text of 37 S.W.3d 76 (In re R.P.) 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.P., 37 S.W.3d 76 (Tex. Ct. App. 2000).

Opinion

OPINION

Opinion by:

PHIL HARDBERGER, Chief Justice.

A jury found that R.P. had engaged in delinquent conduct by committing the offense of possession of marijuana. The trial court determined that R.P. was in need of rehabilitation and that protection of the public and of R.P. required that a disposition be made; therefore, the trial court placed R.P. on probation for a period of twenty-three months. The trial court ordered that R.P. remain in the custody of his parents.

R.P. asserts four points of error in this appeal, contending: (1) the evidence is legally and factually insufficient to support the jury’s verdict that he engaged in delinquent conduct; (2) the trial court erred by questioning and engaging in dialogue with R.P. during the disposition hearing; (3) the trial court abused its discretion in placing R.P. on probation for twenty-three months until his 18th birthday; and (4) the trial court abused its discretion and de[78]*78prived R.P. of his constitutional rights by ordering him not to attempt to earn a GED while on probation. We overrule each of R.P.’s points of error and affirm the trial court’s judgment.

Sufficiency of the Evidence

In his first point of error, R.P. challenges the legal and factual sufficiency of the evidence. In- reviewing R.P.’s legal sufficiency challenge, this court reviews the evidence in the light most favorable to the verdict and determines whether any rational trier of fact could have found the essential elements of the offense proven beyond a reasonable doubt. In re A.C., 949 S.W.2d 388, 389 (Tex.App. — San Antonio 1997, no writ). With respect to R.P.’s factual insufficiency challenge, we consider all of the evidence while being “appropriately deferential” to the judgment of the trier of fact, and we will set aside the verdict only if the evidence is “so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust.” Id.

A police officer for the San Antonio Independent School District (“SAISD”), Stanley Slate, testified that he observed a group of four students behind the gym at Edison High School during the lunch hour. Because students are not permitted in that area at that hour, Slate stopped to watch the students. Slate began to observe the students through his binoculars because he believed they were engaged in some illicit activity. After two of the students left, Slate observed the other two students passing a pipe back and forth and taking puffs on the pipe. He called another SAISD officer, Daryl Harvey, for back-up and began approaching the students. Slate observed the male student, who was later identified as R.P., put the pipe in the other student’s backpack.

Harvey stopped the students and Slate arrived shortly after. Slate searched the female student’s backpack and discovered a pipe that was still warm and that contained a usable amount of marijuana in the bowl. Harvey searched R.P.’s backpack and discovered screens that were commonly used in smoking a pipe. Harvey stated that R.P. smelled of marijuana, so he smelled R.P.’s fingers, which also smelled of marijuana. The female student was later searched by a school nurse, and a bag of marijuana was discovered in her bra.

On cross-examination, R.P.’s counsel questioned Slate regarding his memory, his ability to physically see what he testified had occurred, and the details of his account. R.P.’s counsel also cross-examined Slate regarding perceived inconsistencies between his testimony and his report.

The jury was left to determine the credibility of the witnesses based on the challenges made to the testimony during cross-examination. See In re H.G., 993 S.W.2d 211, 213 (Tex.App. — San Antonio 1999, no pet.) (trier of fact is exclusive judge of the credibility of the witnesses and resolves any inconsistencies in the testimony of any witness). The jury elected to believe the officers. The officers’ testimony is legally and factually sufficient to support the jury’s verdict. R.P.’s first point of error is overruled.

Trial Court Questioning

In his second point of error, R.P. complains that the trial court erred by questioning and engaging in dialogue with R.P. during the disposition hearing. Specifically, R.P. complains about the following exchange that occurred after the trial court ascertained that an agreement had been reached between R.P. and the State with respect to his disposition:

THE COURT: Pll go along with the disposition of the parties, enter it as the judgment of the Court in this cause.
(To the Respondent) You don’t want to see me again, son. Because if your fa-' ther can’t fix this with you, then you need to deal with me. Okay? You understand what’s going on here?
[79]*79THE RESPONDENT [R.P.]: I didn’t do nothing wrong, so I don’t know why I’m here in the first place
THE COURT: Okay. Then I take back the agreed disposition on this case.
He has an attitude, and I want to hear this case in total. And we’ll do that tomorrow at 8:80 in the morning ...

R.P. relies on two cases to support his position — Moreno v. State, 900 S.W.2d 357 (Tex.App. — Texarkana 1995, no writ), and In re S.J., 940 S.W.2d 332 (Tex.App. — San Antonio 1997, no writ). These cases support the proposition that a trial judge should not become so entangled in questioning as to become an advocate for the State, thereby precluding the trial judge from rendering an objective finding. See S.J., 940 S.W.2d at 338; Moreno, 900 S.W.2d at 359-60. However, both cases also support the proposition that a trial judge may question a witness in order to clarify an issue the trial judge must decide in fulfilling his fact-finding role. See S.J., 940 S.W.2d at 338; Moreno, 900 S.W.2d at 359.

In this case, the trial judge was the trier of fact at the disposition hearing. In that role, the trial court was required to determine whether the agreed disposition was suitable. The careful trial judge questioned R.P. to ensure that he understood the agreement and found it acceptable. The trial judge’s question was merely for purposes of clarification and did not so entangle the trial judge that he became an advocate for the State. R.P.’s second point of error is overruled.

Disposition

In his third point of error, R.P. contends that the trial court abused its discretion in placing him on probation until his 18th birthday. R.P. asserts that the disposition was excessive for a first time misdemeanor offense and that there was no evidence to support the trial court’s personal belief that R.P. had an “attitude.”

A trial court has broad discretion in determining a suitable disposition for a juvenile who has been adjudged to have engaged in delinquent conduct, and we will not disturb the disposition on appeal absent a clear abuse of discretion. In re H.G., 993 S.W.2d 211, 213 (Tex.App. — San Antonio 1999, no pet.). The trial court abuses its discretion when it acts arbitrarily or unreasonably, or without reference to guiding rules and principles.

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In Re RP
37 S.W.3d 76 (Court of Appeals of Texas, 2001)

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Bluebook (online)
37 S.W.3d 76, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-rp-texapp-2000.