In the Matter of E.A., a Juvenile v. the State of Texas

• Court: Texas Court of Appeals, 10th District (Waco)
• Decided: March 12, 2026
• Docket: 10-25-00464-CV
• Status: Published

Opinion

Court of Appeals Tenth Appellate District of Texas

10-25-00464-CV

In the Matter of E.A., a Juvenile

On appeal from the 378th District Court of Ellis County, Texas Judge William Wallace, presiding Trial Court Cause No. 25-209

JUSTICE SMITH delivered the opinion of the Court.

MEMORANDUM OPINION

E.A. asserts that the juvenile court abused its discretion in waiving its

original jurisdiction and transferring this case for prosecution in a criminal

district court. See TEX. FAM. CODE ANN. § 54.02. We affirm.

STANDARD OF REVIEW AND RELEVANT LAW

For a juvenile court to properly waive its original jurisdiction and

transfer a case to district court for criminal proceedings, the juvenile court

must find, among other things, that “because of the seriousness of the offense alleged or the background of the child the welfare of the community requires

criminal proceedings.”1 TEX. FAM. CODE ANN. § 54.02(a)(3).

The appeal of a juvenile court’s transfer decision is analyzed in two steps.

Bell v. State, 649 S.W.3d 867, 887 (Tex. App.—Houston [1st Dist.] 2022, pet.

ref’d). First, we review the juvenile court’s findings using the traditional

sufficiency review standards. Id. Then, we review the juvenile court’s ultimate

waiver decision for an abuse of discretion. Id.

The juvenile court abuses its discretion if it acts arbitrarily or

unreasonably, without reference to any guiding rules and principles. Id. “By

contrast, a waiver decision representing ‘a reasonably principled application of

the legislative criteria’ generally will pass muster under the abuse-of-

discretion standard of review.” Id. (quoting In re Z.M., No. XX-XXXXXXX-CV,

2021 WL 4898851, at *2 (Tex. App.—Fort Worth Oct. 21, 2021, no pet.) (mem.

op.)). In determining whether a transfer is appropriate, the juvenile court

must consider the following non-exclusive factors:

(1) whether the alleged offense was against person or property, with greater weight in favor of transfer given to offenses against the person; (2) the sophistication and maturity of the child; (3) the record and previous history of the child; and (4) 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.

1 E.A. does not challenge the propriety of any of the other required findings on appeal. See id.

In the Matter of E.A., a Juvenile Page 2 TEX. FAM. CODE ANN. § 54.02(f). Any combination of these factors may suffice

to support a waiver of the juvenile court’s jurisdiction and not every factor need

weigh in favor of transfer. Bell, 649 S.W.3d at 886-87.

ANALYSIS

Sixteen-year-old E.A. is accused of committing the offense of murder by

intentionally or knowingly causing the death of his mother’s fiancé. See TEX.

PENAL CODE ANN. § 19.02(b)(1). He does not contest that murder is an offense

against the person, which weighs in favor of transfer. TEX. FAM. CODE ANN.

§ 54.02(f)(1).

The juvenile court found that E.A. is of sufficient sophistication and

maturity to be tried as an adult. E.A. disagrees. He focuses on his below-

average intelligence index score, and he contends that the impulsive manner

in which the offense was committed indicates a lack of maturity and

sophistication. Below-average intelligence is not determinative of a child’s

sophistication and maturity. Bell, 649 S.W.3d at 893. A child’s “sophistication

and maturity” speaks to whether he appreciates the nature and effect of his

voluntary actions and whether they were right or wrong. Matthews v. State,

513 S.W.3d 45, 57 n. 4 (Tex. App.—Houston [14th Dist.] 2016, pet. ref’d). The

record reflects that E.A. knew the difference between right and wrong,

understood the potential adverse consequences of his decision, and was aware

In the Matter of E.A., a Juvenile Page 3 of the detrimental effect that his actions had on other people. Viewing the

record in the appropriate light, the circumstances surrounding the offense also

support a finding of sufficient sophistication and maturity. According to

testimony of law enforcement officers, E.A.’s mother’s fiancé chastised E.A. in

response to a verbal altercation between E.A. and the mother. E.A. said “words

to the effect of you’re not my father, and I got something to show you.”

According to the mother, E.A. had made similar statements many times before.

This time, however, E.A. went upstairs, where a younger sibling saw him

retrieve a handgun from his bedroom. A few moments later, E.A. returned

downstairs, pointed the handgun at the fiancé, and shot at the fiancé three

times. Additionally, attempts to conceal participation in an offense or to hide

evidence of a crime may demonstrate sophistication and maturity. See Bell,

649 S.W.3d at 892-93. According to E.A.’s older brother, E.A. exited the

residence after the shooting and ran down the road before disappearing from

view. Shortly thereafter, E.A. returned to the residence without the gun.

The juvenile court also found that E.A.’s previous history and record

indicated that he should be tried as an adult. E.A. points out that this is his

first referral to the juvenile department, and his dangerousness level was

determined to be “low” in his diagnostic study. Transfer may be warranted

even when it is a child’s first referral to the juvenile system. See Rodriguez v.

In the Matter of E.A., a Juvenile Page 4 State, 478 S.W.3d 783, 787-88 (Tex. App.—San Antonio 2015, pet. ref’d).

According to the record, law enforcement had been called to E.A.’s residence

multiple times for various disturbances involving E.A. and the occupants of the

home. Further, the juvenile court may consider disciplinary measures taken

by the child’s school in determining whether the child’s record and previous

history weigh in favor of transfer, including poor attendance, unexcused

absences, and suspensions. See Bell, 649 S.W.3d at 895. The record reflects

that E.A. has an extensive history of fighting in school, with E.A. self-reporting

participation in approximately thirty fights. His school records reflect multiple

stints in the Disciplinary Alternative Education Program and both in-school

and out-of-school suspensions, with disciplinary issues including

insubordination, campus disruption, excessive tardies and unexcused

absences, profanity and inappropriate language, hitting others, fighting, and

skipping school.

Finally, the juvenile court found that the public would not be

adequately protected – and that E.A. was unlikely to be rehabilitated – by the

use of the procedures, facilities, and services currently available to the juvenile

court. E.A. argues that the Capital and Serious Violent Offender Treatment

Program (“CSVOTP”) through the Texas Juvenile Justice Department would

adequately protect the public and rehabilitate him without the need to transfer

In the Matter of E.A., a Juvenile Page 5 the case to criminal district court. The juvenile court heard testimony about

the availability of the CSVOTP and what the program entails. However, the

State presented conflicting evidence that due to E.A.’s age and the seriousness

of the offense, transfer to criminal district court was recommended. The

juvenile court expressly noted that the seriousness of the offense carried great

weight in its decision. As the sole factfinder, the juvenile court was entitled to

resolve the conflicting evidence about E.A.’s rehabilitation prospects in the

juvenile system and the community’s welfare in favor of transfer. See Bell, 649

S.W.3d at 896.

We find that the juvenile court's transfer decision was based upon a

reasonably principled application of the legislative criteria and did not amount

to an abuse of discretion. We affirm the juvenile court’s order.

STEVE SMITH Justice

OPINION DELIVERED and FILED: March 12, 2026 Before Chief Justice Johnson, Justice Smith, and Justice Harris Affirmed CV06

In the Matter of E.A., a Juvenile Page 6