J.R.W. v. State

879 S.W.2d 254
CourtCourt of Appeals of Texas
DecidedMay 31, 1994
DocketNo. 05-93-01376-CV
StatusPublished
Cited by62 cases

This text of 879 S.W.2d 254 (J.R.W. 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.R.W. v. State, 879 S.W.2d 254 (Tex. Ct. App. 1994).

Opinion

OPINION

BAKER, Justice.

J.R.W. appeals the trial court’s order transferring him to the Texas Department of Criminal Justice at his eighteenth birthday. Appellant contends no evidence supported the trial court’s order transferring him to TDCJ. He contends the trial court abused its discretion by not following recommendations to release him to the SECOR program.1 Appellant also complains the trial court violated his constitutional rights to due process [256]*256and equal protection. We affirm the trial court’s order.

FACTUAL BACKGROUND

A juvenile court adjudicated appellant a delinquent child when a jury found that he committed attempted capital murder, aggravated kidnapping, and unauthorized use of a motor vehicle. The jury recommended and the trial court imposed a thirty-year determinate sentence in the Texas Youth Commission. After serving twenty-two months of his term, the trial court held a release hearing under section 54.11 of the family code. See Tex.Fam.Code Ann. § 54.11 (Vernon Supp. 1994).

At the hearing, a TYC administrator, state psychologist, and appellant’s volunteer mentors recommended that the trial court release appellant to the SECOR program. The state psychologist testified that he did not recommend a transfer to TDCJ. He also testified that appellant was self-centered and not responsive to the needs of others.

The TYC administrator testified about appellant’s behavior at TYC. There was evidence that he had slept through some group sessions, sometimes acted inappropriately, and was lazy. Appellant’s master file from TYC showed that he had been uncooperative while interviewing at a halfway house. It also showed he had problems with authority. The TYC classified him as liking money, power, and excitement. The administrator testified that appellant was on pre-release status. She said he had received his G.E.D. and a welding certificate while at TYC.

One of the investigators of the underlying offenses testified the State would not protect the public if the trial court released appellant. The investigator related the details of the underlying offenses. The victim’s girlfriend testified the State would not serve the public by releasing appellant. She testified about the victim’s physical and emotional injuries caused by the offenses.

The trial court ordered appellant’s transfer to TDCJ when appellant reached age eighteen. The trial court did not make findings of fact or conclusions of law. The trial court’s order lists the evidence it considered in deciding to transfer appellant to TDCJ.

APPLICABLE LAW

A. Section 54.112

The trial court held the release hearing under section 54.11 of the family code. Section 54.11 provides for a juvenile court to hold a release hearing at least thirty days before the juvenile’s eighteenth birthday. At the hearing, the trial court decides whether to discharge the juvenile, transfer him to TDCJ, release him under supervision, or remand him to TYC without a determinate sentence. See Tex.Fam.Code Ann. § 54.-11(a), (b), (h), and (i) (Vernon Supp.1994). Section 54.11 also provides:

(d) At a release hearing, the court may consider written reports from probation officers, professional court employees, or professional consultants, in addition to the testimony of witnesses.
* * * * * *
(j) In making a determination under this section, the court may consider the experiences and character of the person before and after commitment to the youth commission, the nature of the penal offense that the person was found to have committed and the manner in which the offense was committed, the abilities of the person to contribute to society, the protection of the victim of the offense or any member of the victim’s family, the recommendations of the youth commission and prosecuting attorney, the best interests of the person, and any other factor relevant to the issue to be decided.

Tex.Fam.Code Ann. § 54.11(d), (j) (Vernon Supp.1994).

B. Standard of Review

The rules of civil procedure govern juvenile proceedings as far as practical. Juvenile proceedings are civil in nature. Matter of M.R., 846 S.W.2d 97, 100 (Tex.App.—Fort Worth 1992), writ denied per curiam, 858 S.W.2d 365 (Tex.1993). The rules governing civil appeals govern appeals from ju[257]*257venile court. G.A.O. v. State, 854 S.W.2d 710, 713 (Tex.App.—San Antonio 1993, no writ). Trial courts in juvenile proceedings have broad powers and discretion. T.R.S. v. State, 663 S.W.2d 920, 923 (Tex.App.—Fort Worth 1984, no writ).

A statute that uses the word “may” is permissive rather than mandatory unless there is something in the statute to show a legislative intent that “may” is mandatory. See Buttles v. Navarro, 766 S.W.2d 893, 894 (Tex.App.—San Antonio 1989, no writ). A permissive statute gives a trial court discretion to decide under the framework of the statute. The Legislature used the word "may" in parts (d) and (j) of section 54.11. Nothing in section 54.11 shows a legislative intent that “may” is mandatory instead of permissive. We review decisions made pursuant to section 54.11 under an abuse of discretion standard.

Under an abuse of discretion review, we reverse the trial court only if the trial court has acted in an unreasonable or arbitrary manner. We may not reverse for an abuse of discretion because we disagree with the trial court’s decision as long as that decision was within the trial court’s discretionary authority. Beaumont Bank, N.A. v. Buller, 806 S.W.2d 223, 226 (Tex.1991). To determine if there is an abuse of discretion, we review the entire record to determine if the trial court acted without reference to any guiding rules and principles. See Morrow v. H.E.B., Inc., 714 S.W.2d 297 (Tex.1986).

Under a discretionary statute, findings of fact and conclusions of law are neither appropriate nor required. See Crouch v. Tenneco, Inc., 853 S.W.2d 643, 649 (Tex.App.—Waco 1993, writ denied) (op. on reh’g); Recon Exploration, Inc. v. Hodges, 798 S.W.2d 848, 853 (Tex.App.—Dallas 1990, no writ). Under an abuse of discretion review, we do not review factual issues decided by the trial court under legal or factual-sufficiency standards. Crouch, 853 S.W.2d at 649. An abuse of discretion does not exist if the trial court bases its decision on conflicting evidence and some evidence supports the trial court’s decision.

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Bluebook (online)
879 S.W.2d 254, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jrw-v-state-texapp-1994.