In the Matter of B.J.

960 S.W.2d 216, 1997 Tex. App. LEXIS 5969, 1997 WL 715820
CourtCourt of Appeals of Texas
DecidedNovember 19, 1997
DocketNo. 04-97-00113-CV
StatusPublished
Cited by7 cases

This text of 960 S.W.2d 216 (In the Matter of B.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 the Matter of B.J., 960 S.W.2d 216, 1997 Tex. App. LEXIS 5969, 1997 WL 715820 (Tex. Ct. App. 1997).

Opinions

OPINION

LÓPEZ, Justice.

This appeal arises from an adjudication of juvenile delinquency. B.J., a twelve-year-old boy, was charged with eight counts of various sexual offenses which he allegedly committed against his younger sisters. B.J. waived a jury trial and stipulated to the State’s allegations. At his adjudication hearing, B.J. pleaded “true” and the trial judge sentenced B.J. to a determinate sentence of fifteen years in prison after commitment to the Texas Youth Commission.

On appeal, B.J. complains that (1) his plea was involuntary because the trial court failed to admonish him in accordance with section 54.03(b) of the Family Code, (2) his plea was involuntary because he is mentally retarded and neither his attorney nor the trial court determined that he understood the proceedings against him, (3) his plea was involuntary because the record does not affirmatively reflect that he knowingly and intelligently waived his right to a jury trial, and (4) his plea was not entered knowingly and intelligently because he did not have effective assistance of counsel in preparing for and entering his plea.

[218]*218In his first point of error, B.J. complains that the trial court failed to ascertain whether he understood the charges against him or if he understood the presumption of innocence. Additionally, B.J. contends that the trial judge did not admonish him about his right to confront and cross-examine witnesses, or about his right not to incriminate himself. As a result, B.J. argues that his plea was defective. Because he was not properly admonished, B.J. maintains that the trial court’s commitment order must be reversed.

The Texas Family Code directs the trial court to admonish a juvenile prior to taking the child’s plea during an adjudication hearing. See Tex. Fam.Code Ann. § 54.03(b) (Vernon 1996) (specifying admonishments for juvenile adjudication hearings). Specifically, the Family Code requires the trial court to explain to the child:

(1) the allegations against the child;
(2) the nature and possible consequences of the proceedings, including the law relating to the admissibility of the record of a juvenile court adjudication in a criminal proceeding;
(3) the child’s privilege against self-incrimination;
(4) the child’s right to trial and to confrontation of witnesses;
(5) the child’s right to representation by an attorney if he is not already represented; and
(6) the child’s right to trial by jury.

Id. These admonitions are mandatory to protect juveniles by ensuring they understand the nature of judicial proceedings against them. See In the Matter of J.D.C., 917 S.W.2d 385, 386 (Tex.App.-Houston [14th Dist.] 1996, no writ) (explaining public policy considerations for mandatory admonishments). Due to the importance of these admonishments, failure of the trial court to admonish the child in accordance with section 54.03(b) is fundamental error. See In the Matter of J.D.C., 917 S.W.2d at 386 (explaining why admonishments are mandatory); In the Matter of I.G. v. State, 727 S.W.2d 96, 99 (Tex.App.-San Antonio 1987, no writ) (determining that failure to admonish in accordance with section 54.03(b) is fundamental error). Because the admonishments are mandatory, we must examine the admonishments given to B.J. to determine if he was properly admonished.

About B.J.’s right to a jury trial, the trial court proceeded as follows:

THE COURT:.... I have before me here a form called “jury waiver.” Can you see it?
THE RESPONDENT: Yes, sir.
THE COURT: Is that your signature there?
THE RESPONDENT: Yes, sir.
THE COURT: I need you to explain to me, in your own words, what is your understanding of what you did when you signed that?
THE RESPONDENT: I don’t understand.
THE COURT: Okay. In your mind, what is a jury waiver. What is that?
THE RESPONDENT: I don’t know, sir.
THE COURT: You don’t know.
THE RESPONDENT: (Indicating negatively.)
THE COURT: Do you understand what a jury is? Has anybody explained that to you?
THE RESPONDENT: Yes, Your Honor.
THE COURT: Excuse, me?
THE RESPONDENT: I don’t understand.
THE COURT: Okay. Do you understand the charges that Ms. Davis read?
THE RESPONDENT: (No response.)
THE COURT: You were here when she read them; right?
THE RESPONDENT: (Indicating affirmatively.)
THE COURT: You need to tell me yes or no.
THE RESPONDENT: ‘Tes,” sir.
THE COURT: You need to speak loud.
THE RESPONDENT: ‘Yes.”
THE COURT: You heard the reading of the charges that are brought against you; correct?
THE RESPONDENT: Yes, sir.
[219]*219THE COURT: Okay. The law requires Ms. Davis to prove those charges beyond a reasonable doubt. Did you understand that?
THE RESPONDENT: Yes, sir.
THE COURT: And that requires her to bring witnesses and, in front of a jury of 12 folks, prove up those charges. Do you understand that?
THE RESPONDENT: Yes, sir.
THE COURT: Do you understand that you have a right to have those charges proved up in front of a jury? In other words, you are not guilty of anything. Do you understand that?
THE RESPONDENT: Yes, sir.
THE COURT: Okay. By signing the jury waiver form, you are giving up the right to have the witnesses being brought up here and you are giving up your right to have your lawyer ask questions of those witnesses. Is that what you want to do?
THE RESPONDENT: (No response.)
THE COURT: Counsel, we are going to take a break here, because I don’t know that I can take this stipulation.
MR. BOHAC [B.J.’s attorney]: All right.
THE COURT: So I am going to let you talk to him. And come back in 10 minutes or 15 minutes. And if he is not ready to stipulate, we will try this case at 1:30. Okay?....

The above dialogue is inadequate as an admonishment for several reasons. First, the trial court failed to admonish B.J. about his right against self-incrimination. See Tex. Fam.Code Ann. § 54.03

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Bluebook (online)
960 S.W.2d 216, 1997 Tex. App. LEXIS 5969, 1997 WL 715820, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-matter-of-bj-texapp-1997.