in the Matter of P. A. C.

• Court: Court of Appeals of Texas
• Decided: May 10, 2011
• Docket: 06-11-00021-CV
• Status: Published

Opinion

                                                         In The

                                                Court of Appeals

                        Sixth Appellate District of Texas at Texarkana

                                                ______________________________

                                                             No. 06-11-00021-CV

                                          IN THE MATTER OF P.A.C.

                 On Appeal from the 336th Judicial District Court, Sitting as a Juvenile Court

                                                             Fannin County, Texas

                                                         Trial Court No. J-2010-35

                                          Before Morriss, C.J., Carter and Moseley, JJ.

                                            Memorandum Opinion by Justice Moseley

                                                     MEMORANDUM  OPINION

            P.A.C., a juvenile, has filed a motion to dismiss his appeal.  The motion is signed by P.A.C. and by his attorney.  We grant the motion and dismiss the appeal.  See Tex. R. App. P. 42.1(a)(1). 

                                                                        Bailey C. Moseley

                                                                        Justice

Date Submitted:          May 9, 2011

Date Decided:             May 10, 2011

quires much more, a threat intended to place a person in fear of "imminent bodily injury." This is the reverse of a lesser included offense situation, for terroristic threat requires proof of a higher level of threat than does retaliation. Thus, we do not believe that this greater level of threat could be subsumed within the lesser amount required by retaliation. Even if the evidence could have supported such a result, the jury did not pass on the greater level, and in the absence of uncontroverted, unchallenged evidence, we could not put ourselves in the place of the fact-finder and so find for the first time at this level of review.

          When we find legally insufficient evidence to support a judgment, we typically reverse and render. In this case, however, at the time of the adjudication and disposition sending K. H. to the Texas Youth Commission, he was already on probation for a prior act, and further action by the trial court will be required to effectuate our judgment.

          For the reasons set forth above, we reverse the judgment and remand the case for further proceedings in accordance with this opinion.

                                                                           Donald R. Ross

Date Submitted:      March 25, 2005

Date Decided:         July 26, 2005