In the Matter of J.J.B. III. v. the State of Texas

CourtCourt of Appeals of Texas
DecidedMay 23, 2024
Docket09-23-00162-CV
StatusPublished

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

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-23-00162-CV __________________

IN THE MATTER OF J.J.B. III.

__________________________________________________________________

On Appeal from the 279th District Court Jefferson County, Texas Trial Cause No. F-13502-J __________________________________________________________________

MEMORANDUM OPINION

In this accelerated appeal, Appellant J.J.B. III, a juvenile, complains the

juvenile court erred by waiving jurisdiction and transferring his case to criminal

district court when there is no evidence that the Jefferson County Juvenile Probation

Department exhausted all means to rehabilitate him. See Tex. Fam. Code Ann. §§

54.02, 56.01(a), (c)(1)(A). For the reasons explained below, we affirm the juvenile

court’s Waiver of Jurisdiction and Order of Transfer to Criminal Court.

1 PERTINENT BACKGROUND

J.J.B. III, a sixteen-year-old, was charged with the following felony offenses

against persons or property: evading arrest/detention with a motor vehicle,

unauthorized use of a motor vehicle, and two counts of theft of a firearm. The State

filed a Petition for Discretionary Transfer, requesting that the juvenile court waive

jurisdiction and transfer the case to the appropriate criminal district court under

section 54.02 of the Texas Family Code because J.J.B. III was sophisticated and

mature enough to be treated as an adult. The State alleged that: (1) the prospects of

the public’s adequate protection and the likelihood of J.J.B. III’s reasonable

rehabilitation by the use of available procedures, services, and facilities to the

juvenile court warrant his treatment as an adult; (2) the record and J.J.B. III’s history

warrants his treatment as an adult; (3) J.J.B. III is sophisticated and mature enough

to be treated as an adult; and (4) the seriousness of the alleged offenses, J.J.B. III’s

background, and the community’s welfare requires criminal proceedings.

The trial court appointed counsel to represent J.J.B. III in the discretionary

transfer proceeding. The trial court conducted a hearing on the State’s Petition

during which it considered witness testimony and the following records in making

its decision: Certification Analysis, Dr. Nisha Amin’s Psychological Evaluation

Report, and Dr. Edward Gripon’s Psychiatric Evaluation. Dr. Amin’s Psychological

Evaluation states that J.J.B. III understood what he was charged with, the nature of

2 the pending proceedings, and that J.J.B. had demonstrates his capacity to assist his

counsel. In her report, Dr. Amin concluded that there are “no critical factors that

adversely affect” J.J.B. III and that “there is ample clinical evidence” that he is “fit

to proceed.” Dr. Gripon’s Psychiatric Evaluation states he diagnosed J.J.B. III with

ADHD by history and that while J.J.B. III had not been treated for that condition, he

did not have significant symptoms. Dr. Gripon concluded that J.J.B. III was “not

mentally disabled” and during his evaluation appeared to have “no mental health

contraindication to certification/discretionary transfer.”

Sheronda Lee (“Lee”), a probation officer with the Jefferson County Juvenile

Probation Department, testified that she prepared J.J.B. III’s Certification Analysis,

which includes information from Dr. Amin’s psychological report and Dr. Gripon’s

psychiatric report. Lee explained that, in her opinion, Dr. Amin’s and Dr. Gripon’s

reports raise no concerns about whether J.J.B. should be certified as an adult.

Lee explained that her analysis includes information that she received from

the police about the offenses that resulted in J.J.B.’s arrest. As to J.J.B.’s arrest, Lee

stated that on January 15, 2023, at about 3:00 a.m., Jefferson County Sheriff

Deputies were dispatched after a black male in black clothing wearing a facemask

was reported as seen pulling on car door handles on a security camera. When the

deputies spotted the black male, he got into a Ford F-150, and he drove off at speeds

of more than 100 miles per hour. By Lee’s account, when deputies activated their

3 emergency lights on their clearly marked Jefferson County patrol units, the driver

took deputies on a short pursuit for several miles and only stopped when the vehicle

crashed. Information Lee received from the police investigation indicated that upon

removing J.J.B. III, the sole occupant and driver in the Ford F-160, deputies found

he had two firearms, a Taurus 9mm and Sig Sauer .22, in his possession. J.C.C., the

owner of Ford F-150, advised he did not consent to anyone operating his truck. Lee

explained that police determined that D.C. owned the two pistols that were found in

J.J.B.’s possession, and that D.C. had reported the pistols as having been stolen when

two of his vehicles were burglarized the same night J.J.B. took the Ford F-150. When

an officer contacted the owner of the Ford F-150, J.C.C. told police that he no longer

feels safe and carries a gun when he goes outside.

Lee testified that J.J.B. III was charged with four state jail felonies, evading

detention with a vehicle, unauthorized use of a motor vehicle, and two charges for

stolen guns. Lee testified J.J.B. III was from Louisiana, where he violated his

probation for an aggravated assault case and was sentenced to Louisiana’s version

of the Texas Juvenile Justice Department Institutional Division. Lee explained J.J.B.

III, who was sixteen and a half, was discharged from the Louisiana juvenile prison

in February 2020 and committed the current offenses, which are crimes against

property, in January 2023 while on parole in Louisiana. Lee explained that J.J.B. III

4 was in detention and attending school when he ran from police and wrecked J.C.C.’s

vehicle.

Lee testified J.J.B. III was smart, polite, articulate, and mature for his age. Lee

explained J.J.B. III has a substance abuse problem and knowledge about guns. His

prior record includes illegal possession of a handgun, illegal possession of stolen

property, and theft of a firearm. Lee also explained that she received a report

showing while in Louisiana, J.J.B. III had been placed in a boy’s home and

committed to a facility, so the Texas Juvenile Probation Department could offer him

no more help than he had already received in Louisiana. Lee testified that based on

the multiple charges following J.J.B.’s January 15, 2023 arrest and J.J.B. III’s record,

in her opinion the likelihood that J.J.B. III is capable of being rehabilitated through

programs offered by or in coordination with those of the Juvenile Probation

Department is remote. Lee explained that in her opinion, J.J.B. III’s conduct was

willful, aggravating, and could lead to violence, and that she thought it would be in

the community’s best interest to treat him as an adult.

Joe Evans (“Evans”), an intervention specialist with the IEA program,

testified he is a mentor who intervenes on behalf of youth to ensure they correct their

behavior after they are detained. Evans testified he was working with J.J.B. III, who

reads a lot, and he meets with him twice a week to visit and play cards and games.

Evans explained that J.J.B. III was receptive to intervention, and based on his alleged

5 offenses, there was a possibility that he could be admitted to the program if he was

placed on probation.

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Guzman v. State
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13 S.W.3d 854 (Court of Appeals of Texas, 2000)
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In the Matter of J.J.B. III. v. the State of Texas, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-matter-of-jjb-iii-v-the-state-of-texas-texapp-2024.