in the Matter of R.J.R., a Child

• Court: Court of Appeals of Texas
• Decided: March 22, 2001
• Docket: 13-00-00477-CV
• Status: Published

Opinion

NUMBER 13-00-477-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

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IN THE MATTER OF R.J.R., A CHILD

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On appeal from the 36th District Court of Aransas County, Texas.

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O P I N I O N

Before Chief Justice Valdez and Justices Dorsey and Rodriguez

Opinion by Justice Dorsey

Appellant, R.J.R., a juvenile, appeals the modification of his probation and commitment to the Texas Youth Commission. We affirm.

On March 25, 1997, the court found that R.J.R. had engaged in delinquent conduct and placed him on probation. On February 22, 2000, the State filed a motion to modify R.J.R.'s probation and on April 18, 2000, the court held a hearing on the motion. R.J.R. pleaded true to all of the allegations in the motion to modify. The court found that R.J.R. had violated probation and committed him to the Texas Youth Commission.

By a single issue R.J.R. complains of the order modifying his probation and his commitment to the Texas Youth Commission because his probation officer had allegedly promised to take him off of probation. R.J.R. asserts that he had paid off his restitution and that in February, 1999, his probation officer, Karen Lawrence, began preparing the paperwork to get him off of probation. However Lawrence moved to Chicago, Illinois, and the paperwork was never completed. On December 2, 1999, he was caught with brass knuckles while still on probation. He argues that had his paperwork been completed he would not have been on probation at the time he was caught with the knuckles. Thus his probation would not have been revoked, and he would not have been committed to the Texas Youth Commission.

R.J.R.'s probation officer did not testify at the hearing to modify probation, and there is no evidence in the record to show that she had promised to get him off of probation. Even if there was evidence showing that she had completed the paperwork to get him off of probation, the record does not show that the trial court would have approved the termination of his probation. See Tex. Code Crim. Proc. Ann. art. 42.12, § 20(a) (Vernon Supp. 2001).⁽¹⁾ Although R.J.R. argues that his possession of the knuckles led to the modification of his probation we note that he pleaded true to several other probation violations. We overrule the sole issue for review.

We affirm the judgment.

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J. BONNER DORSEY,

Justice

Do not publish

.

Tex. R. App. P. 47.3(b).

Opinion delivered and filed

this 22nd day of March, 2001.

1. Sec. 20(a) provides: "At any time, after the defendant has satisfactorily completed one-third of the original community supervision period or two years of community supervision, whichever is less, the period of community supervision may be reduced or terminated by the judge. . . ." Tex. Code Crim. Proc. Ann. 42.12, § 20(a) (Vernon Supp. 2001).