In Re WRM

534 S.W.2d 178, 1976 Tex. App. LEXIS 2506
CourtCourt of Appeals of Texas
DecidedFebruary 19, 1976
Docket4857
StatusPublished

This text of 534 S.W.2d 178 (In Re WRM) 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 WRM, 534 S.W.2d 178, 1976 Tex. App. LEXIS 2506 (Tex. Ct. App. 1976).

Opinion

534 S.W.2d 178 (1976)

In re W. R. M.

No. 4857.

Court of Civil Appeals of Texas, Eastland.

February 19, 1976.
Rehearing Denied March 11, 1976.

*179 James A. Johnston, Johnston & Dixon, Dallas, for appellant.

Maridell J. Templeton, Asst. Dist. Atty., Dallas, for appellee.

McCLOUD, Chief Justice.

This case involves waiver of jurisdiction by a juvenile court and transfer of a child to the appropriate court for criminal proceedings. V.T.C.A., Family Code, § 54.02.[1]

The State filed a petition seeking discretionary transfer of appellant, W. R. M., to the appropriate criminal court for prosecution as an adult, alleging that appellant murdered Jimmy Dan Feemster in the course of an aggravated robbery and attempted to murder Sandra Whalen by shooting her at the time of the robbery. The juvenile court entered an order waiving jurisdiction and transferring appellant for criminal proceedings. The child has appealed. We affirm.

Appellant first argues the juvenile court committed reversible error by not ordering the prosecuting attorney to permit appellant's attorney to inspect the "prosecution report" contained in the prosecuting attorney's file. Appellant contends Section 51.14(a)[2] gives his attorney an absolute *180 right to inspect the report. We disagree. Section 51.14 is not a discovery provision. It is clearly designed to preserve the traditional confidentiality of files and records concerning juvenile proceedings. Texas Family Code Symposium, 5 Tex.Tech.L.Rev. 533 (1974). Although the report in question is not contained in the record, it is apparent it is a written communication passing between agents or representatives or employees of the State, which was made subsequent to the occurrence in question, and in connection with the prosecution of appellant. The report under the circumstances reflected in the record would be exempt from discovery under either Rule 167, T.R. C.P., or Article 39.14, Vernon's Ann.C.C.P. Section 51.14 places limitations on public access to files and records concerning juveniles. It does not grant a child's attorney the right to inspect the work product of the State. Appellant's point is overruled.

Appellant next argues the court erred in failing to obtain a full investigation into the circumstances of the alleged offense. Section 54.02 provides:

"(d) Prior to the hearing, the juvenile court shall order and obtain a complete diagnostic study, social evaluation, and full investigation of the child, his circumstances, and the circumstances of the alleged offense.
(e) At the transfer hearing the court may consider written reports from probation officers, professional court employees, or professional consultants in addition to the testimony of witnesses. At least one day prior to the transfer hearing, the court shall provide the attorney for the child with access to all written matter to be considered by the court in making the transfer decision ..."

The trial court entered an order pursuant to Section 54.02. John Gee, a probation officer, was delegated the responsibility of providing the court with a complete diagnostic study, social evaluation and full investigation of the child, and the circumstances of the offense. He caused a diagnostic study to be made by a psychologist. The court also ordered a psychiatric examination. The psychologist and psychiatrist each prepared full reports. The probation officer made a social evaluation through personal investigation and discussion with appellant, his parents, and previous probation officers. His investigation into the alleged offense consisted primarily of reviewing the prosecution and offense reports of the Dallas Police Department. The case summary prepared by the probation officer covered the personal history of appellant, his referrals to the juvenile department, and information on the incident in question. The information regarding the incident in question was deleted from the probation officer's report at the request of appellant.

At the hearing, Lloyd G. Ritchie, a member of the Dallas Police Department, testified that he investigated the death of Jimmy Dan Feemster and the attempted murder of Sandra Whalen. He interviewed Sandra Whalen and learned that the murder of Feemster and the attempted murder of Sandra Whalen occurred during a robbery. He testified a handgun was used. Ritchie stated he spoke with a witness who drove appellant to the scene where the robbery, murder, and attempted murder took place. He testified a handgun was recovered when appellant was arrested and the driver's license of the deceased was recovered from appellant. He stated he had not read the prosecution or offense reports. The probation officer, John Gee, testified and recommended that appellant be treated as an adult.

The thrust of appellant's complaint is that the investigation reports prepared by the law enforcement officers were not seen or reviewed by the court. He argues there *181 was no "full investigation" as required by the statute. We overrule appellant's contention and hold that the investigation complied with the statute.

Appellant next attacks the order entered by the court, and says it contains improper conclusions as to the reasons for waiver.

Section 54.02(h) provides:

"If the juvenile court waives jurisdiction, it shall state specifically in the order its reasons for waiver and certify its action, including the written order and findings of the court, and transfer the child to the appropriate court for criminal proceedings..."

Section 54.02(f) provides:

"In making the determination required by Subsection (a) of this section, the court shall consider, among other matters:
(1) whether the alleged offense was against person or property, with greater weight in favor of transfer given to offenses against the person;
(2) whether the alleged offense was committed in an aggressive and premeditated manner;
(3) whether there is evidence on which a grand jury may be expected to return an indictment;
(4) the sophistication and maturity of the child;
(5) the record and previous history of the child; and
(6) the prospects of adequate protection of the public and the likelihood of the rehabilitation of the child by use of procedures, services, and facilities currently available to the juvenile court."

At the conclusion of the hearing, the court in the instant case stated:

"It is the finding of this Court that the offense alleged here is certainly an offense against a person. I believe the testimony is uncontroverted in that regard.
Also, the Court finds that one person having been deceased and the other one having been injured by gunshot, that that is indicative of aggressive and premeditative manner in which the offense was committed.
The Court further finds that the testimony shows that the injured individual has made a personal identification by virtue of a photograph of the child in question. That, coupled with the balance of the testimony, the rest of the testimony as shown here today, would lead this Court to believe it could reasonably be expected that an indictment would be returned by a grand jury.

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In re J. R. C.
522 S.W.2d 579 (Court of Appeals of Texas, 1975)
In re W. R. M.
534 S.W.2d 178 (Court of Appeals of Texas, 1976)

Cite This Page — Counsel Stack

Bluebook (online)
534 S.W.2d 178, 1976 Tex. App. LEXIS 2506, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-wrm-texapp-1976.