In the Matter of G.G. v. the State of Texas

CourtCourt of Appeals of Texas
DecidedJune 27, 2024
Docket01-23-00943-CV
StatusPublished

This text of In the Matter of G.G. v. the State of Texas (In the Matter of G.G. v. the State of Texas) 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 G.G. v. the State of Texas, (Tex. Ct. App. 2024).

Opinion

Opinion issued June 27, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00405-CV NO. 01-23-00406-CV NO. 01-23-00407-CV NO. 01-23-00408-CV NO. 01-23-00409-CV NO. 01-23-00410-CV NO. 01-23-00942-CV NO. 01-23-00943-CV ——————————— IN THE MATTER OF G.G.

On Appeal from the 313th District Court Harris County, Texas Trial Court Case Nos. 2021-01476J, 2022-01756J, 2022-01780J, 2022-01799J, 2023-00112J, 2023-00113J, 2023-00114J, 2023-00115J MEMORANDUM OPINION

In this juvenile delinquency case, the trial court found that appellant G.G.

(“Gabriel”)1 engaged in delinquent conduct by committing the offense of aggravated

assault and ordered him to serve probation.2 While on probation, Gabriel committed

the offense of evading detention and six aggravated robbery offenses.3 At an

adjudication hearing, Gabriel stipulated that he had committed each offense. The

juvenile court found that Gabriel engaged in delinquent conduct with respect to the

evading detention and aggravated robbery offenses and found that Gabriel violated

his probation for the aggravated assault offense. The court also found that the best

interest of Gabriel and the community would be served by committing him to the

Texas Juvenile Justice Department (“TJJD” or “the Department”). The court signed

judgments committing Gabriel to the care of the Department for an indeterminate

period in the aggravated assault and evading detention cases and determinate

1 In this opinion, we refer to the juvenile appellant by a pseudonym to protect his privacy. See TEX. FAM. CODE § 56.01(j) (“Neither the child nor his family shall be identified in an appellate opinion rendered in an appeal or habeas corpus proceedings related to juvenile court proceedings under this title.”). 2 See TEX. PENAL CODE § 22.02(a)(2). 3 See id. §§ 38.04(a) (evading detention), 29.03(a)(2) (aggravated robbery). 2 judgments committing Gabriel to the care of the Department for ten years in the six

aggravated robbery cases.4

On appeal, Gabriel contends that the juvenile court erroneously refused to

admit (1) a “Mitigation Memorandum” that provided information about Gabriel’s

background and a residential treatment program geared towards helping boys who

had experienced trauma in their lives; and (2) a “Legal Memorandum” that provided

information concerning the immigration consequences of findings of delinquent

conduct. Gabriel further argues that the juvenile court abused its discretion by

committing him to the Department because there was legally and factually

insufficient evidence that reasonable efforts were made to prevent Gabriel from

being removed from his home and to make it possible for him to return home.

We affirm.

Background

Gabriel became involved with the juvenile justice system in September 2021,

at age fifteen, when he allegedly committed the offense of aggravated assault with a

4 Appellate cause number 01-23-00405-CV corresponds to trial cause number 2022- 01799J. Appellate cause number 01-23-00406-CV corresponds to trial cause number 2022-01780J. Appellate cause number 01-23-00407-CV corresponds to trial cause number 2023-00113J. Appellate cause number 01-23-00408-CV corresponds to trial cause number 2023-00112J. Appellate cause number 01-23- 00409-CV corresponds to trial cause number 2023-00115J. Appellate cause number 01-23-00410-CV corresponds to trial cause number 2021-01476J. Appellate cause number 01-23-00942-CV corresponds to trial cause number 2023-00114J. Appellate cause number 01-23-00943-CV corresponds to trial cause number 2022- 01756J. 3 deadly weapon. The State filed a petition seeking an adjudication that he had

engaged in delinquent conduct. During a psychological evaluation following his

detention, Gabriel reported that he had used multiple controlled substances.

Specifically, Gabriel reported that he used marijuana almost daily, and he had also

used Xanax, cocaine, alcohol, ecstasy, mushrooms, Adderall, and synthetic

marijuana. Gabriel successfully completed an inpatient drug treatment program at

an Austin facility in May 2022, but he started using marijuana again immediately

after he returned home.

In June 2022, Gabriel stipulated that he had engaged in the aggravated assault

alleged in the State’s delinquency petition, and the juvenile court found that Gabriel

had engaged in delinquent conduct. The juvenile court placed Gabriel on probation

until January 2024 and ordered him to remain in his mother’s custody.

Two months after the court placed Gabriel on probation, in August 2022, he

ran away from his mother’s home and stayed away for approximately two months.

Although Gabriel was in contact with his mother during this time, she was unaware

of his whereabouts.

Beginning in early October 2022, Gabriel committed a series of new offenses

over the course of five days. On October 7, 2022, Gabriel and an associate allegedly

accosted Sara Richards outside of a liquor store in Houston and demanded that she

hand over the keys to her car. Gabriel pointed a gun at Richards and threatened to

4 kill her if she did not comply. Richards tried to run back into the store, but Gabriel

“wrapped his arms around her and brought her down to the ground.” After a store

employee went outside, Gabriel and his associate left the scene.

Later that same day, Houston Police Department Officer D. Ryals

encountered Gabriel driving a car that had been reported as stolen. Officer Ryals

attempted to conduct a traffic stop, but Gabriel refused to stop, driving through

several stop signs before crashing into another vehicle in a parking lot. After the

crash, Gabriel took off running, but Officer Ryals was able to apprehend him. As he

did so, a pistol fell onto the ground from Gabriel’s waistband. Upon checking

computer records, Officer Ryals discovered that the pistol had also been reported as

stolen.

Four days later, on October 11, 2022, Gabriel was involved in five more

aggravated robberies around the Houston area. Allan Thompson was delivering food

in an apartment complex when Gabriel and another male approached him, pointing

guns at him. Gabriel and the other male absconded with Thompson’s car.

After stealing Thompson’s car, Gabriel and his associate drove to a gas station

and encountered Mairo Guevara, who was walking back to his car after leaving the

convenience store. Gabriel punched Guevara in the face and stomach several times

while his associate brandished a gun. Gabriel and his associate also demanded

5 money, and Guevara complied. Guevara ran back inside the convenience store, and

Gabriel and his associate fled in Thompson’s car.

That same day, Gabriel and his associate approached Emmanuel Mejia and

his girlfriend while they were washing their cars at a carwash. Gabriel displayed a

gun and demanded that Mejia surrender his car keys. After Mejia handed his keys

over, Gabriel ordered Mejia to turn around. When Mejia complied, Gabriel hit him

in the head with the gun. Gabriel and his associate were unable to drive Mejia’s car,

as it had a manual transmission, so they stole Mejia’s girlfriend’s car and fled the

carwash.

Gabriel and his associate committed two more aggravated robberies at gas

station convenience stores on October 11. Ashley Williams was standing in line at a

convenience store when Gabriel “pushed past her and then pointed a gun at the clerk

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Matter of J.S.S.
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In re of J.R.C.
236 S.W.3d 870 (Court of Appeals of Texas, 2007)
In re B.D.S.D.
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