J.K.A. v. State

855 S.W.2d 58, 1993 Tex. App. LEXIS 1197
CourtCourt of Appeals of Texas
DecidedApril 29, 1993
DocketNo. C14-92-00897-CV
StatusPublished
Cited by18 cases

This text of 855 S.W.2d 58 (J.K.A. v. State) 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
J.K.A. v. State, 855 S.W.2d 58, 1993 Tex. App. LEXIS 1197 (Tex. Ct. App. 1993).

Opinion

OPINION

CANNON, Justice.

Appellant J.K.A. was adjudicated to have engaged in delinquent conduct. At a disposition hearing he was committed to the Texas Youth Commission (“TYC”) but given probation. He violated a rule of probation, and the State moved to modify the disposition. J.K.A. appeals the modified disposition. We affirm.

Facts

On September 18, 1991, a juvenile court found that J.K.A. had engaged in delinquent conduct, i.e., burglary. The court committed him to the TYC but suspended the commitment. The court placed him in the custody of his mother under the supervision of the Juvenile Probation Department and rules of probation for one year.

On February 13, 1992, J.K.A. was caught with a gun at school. On March 10, 1992, the State filed a petition to modify disposition alleging violation of a rule of probation and requesting the court to enter further custody orders. On May 11, 1992, the trial court held a hearing. Probation rule four specified that J.K.A. not violate any law of the State. J.K.A. signed a stipulation of evidence admitting that he violated that rule by committing the weapons offense. The trial court modified the prior disposition by revoking J.K.A.’s probation and committing him to the TYC.

J.K.A. did not contest the revocation of probation or his commitment to the TYC. However he moved to amend the wording of the court’s orders to clarify that the court did not adjudicate J.K.A. guilty of new felonious delinquent conduct for the weapons offense. Rather he wanted the orders to reflect only that J.K.A. had vio[60]*60lated a reasonable and lawful order of the court, i.e., a rule of probation of the prior disposition order. The trial court denied J.K.A.’s motion to amend, and he appeals.

Complaint on Appeal

In three points of error J.K.A. complains that the trial court erred in entering an adjudication of delinquent conduct for a felony weapons violation. He argues that there was no petition to adjudicate delinquent conduct, only a petition to modify the prior disposition. Furthermore, he maintains that there was no evidence of a weapons offense, only evidence of a violation of a court order.

Construing the Orders

J.K.A.’s basic complaint is that the trial court’s orders adjudicated him guilty of a felony weapons offense. Therefore, at the threshold, we must ask whether the trial court’s orders did so adjudicate. We hold they did not.

The trial court used two orders to modify J.K.A.’s prior disposition: (1) a judgment/order modifying disposition and (2) an order revoking probation. The first order served to enter the finding upon which the modification of disposition was based. The second order served as the implementing order to declare the modified disposition.

The Judgment/Order Modifying Disposition

The judgment/order modifying disposition included in its recital that, “[T]he Court ... finds beyond a reasonable doubt that [J.K.A.] ... engaged in delinquent conduct and violated a reasonable and lawful order of the Court, in that [J.K.A.] committed the OFFENSE(S) OF: VIOLATION OF PROBATION * UNLAWFUL CARRYING WEAPONS (FIREARM) ON SCHOOL PREMISES....”

“Recitals ..., except those showing the full name of the parties, etc. and those stating for and against whom judgment is rendered, are not sanctioned by [Rule 306] nor given place or function in a judgment.” Roberson Farm Equip. Co. v. Hill, 514 S.W.2d 796, 801 (Tex.Civ.App.—Texarkana 1973, writ ref’d n.r.e.); Tex.R.Civ.P. 306; 47 TEX.JuR.3d Judgments § 35 (1986). The mere reasons for a determination form no part of the judgment itself. Atwood v. Humble Oil & Refining Co., 239 S.W.2d 412, 414 (Tex.Civ.App.—El Paso 1950, rev’d on other grounds, 150 Tex. 617, 244 S.W.2d 637 (1951).

The decretal portion of the order stated: “IT IS THEREFORE CONSIDERED AND ADJUDGED BY THE COURT that [J.K.A.] has violated a reasonable and lawful order of the Court within the meaning of Section 54.05(f) Texas Family Code_”

Therefore we find that the operative language of the order adjudged only that J.K.A. violated a reasonable and lawful order of the court. This violation does constitute delinquent conduct under Tex.Fam. Code Ann. § 51.03(a)(2) (Vernon Supp.1993) and is the delinquent conduct referred to in the recital portion of the order.

The recital portion of the order states that the underlying offense constituting the violation of the rule of probation was a weapons offense. Section 54.05(i) of the Family Code requires that “the order” state with specificity the reason for the modification to the prior disposition. Id. § 54.05(i). But the judgment/order modifying disposition, as used here by the juvenile court, is not the order implementing the modification to the prior disposition. The order revoking probation does that. Therefore the specific facts of the weapons offense are not statutorily required in the judgment/order modifying disposition. While such specificity is not prohibited, its inclusion can lead to confusion over what delinquent conduct was actually adjudicated. In any event we find that the description of the weapons offense in the recital portion of the judgment/order modifying disposition does not equate to the entering of a judgment adjudicating J.K.A. guilty of felonious delinquent conduct.

The Revocation of Probation Order

The recital portion of the order revoking probation states in pertinent part: [61]*61“[J.K.A.] was adjudged to have engaged in delinquent conduct....” We interpret this to refer to J.K.A.’s violation of the rule of probation. The decretal portion of the order does not mention any new adjudication of delinquent conduct.

This order also recites that, “[J.K.A.’s] thumbprint is affixed to this order, in compliance with Section 54.04(j) of the Texas Family Code.” Section 54.04® requires a thumbprint on a disposition order when a youth has been adjudged guilty of felonious delinquent conduct. Id. § 54.04®. Since this order revoking probation relates back to the prior adjudication of felonious burglary, the thumbprint was appropriate. The presence of the thumbprint does not establish that the trial court adjudged J.K.A. guilty of new felonious delinquent conduct.

As used by the juvenile court, this probation revocation order is the order contemplated in § 54.05(i)’s requirement for a specific description of the reason for modifying the disposition. While no such description was included in this order, a specific reference to the weapons offense was contained in the recital portion of the judgment/order modifying disposition. Therefore there is no doubt that J.K.A. was fully aware of the reason for the modified disposition.

In sum we find that neither the judgment/order modifying disposition nor the order revoking probation adjudicates J.K.A. guilty of any new delinquent conduct other than violation of a reasonable and lawful court order, i.e., a breach of a rule of probation of the prior disposition order.

What Process is Due?

While J.K.A.

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Bluebook (online)
855 S.W.2d 58, 1993 Tex. App. LEXIS 1197, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jka-v-state-texapp-1993.