K.L.M. v. State

881 S.W.2d 80
CourtCourt of Appeals of Texas
DecidedJune 30, 1994
DocketNo. 05-93-01378-CV
StatusPublished
Cited by29 cases

This text of 881 S.W.2d 80 (K.L.M. 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
K.L.M. v. State, 881 S.W.2d 80 (Tex. Ct. App. 1994).

Opinion

OPINION

ROSENBERG, Justice.

K.L.M. appeals the trial court’s order transferring him from a youth facility to the Texas Department of Criminal Justice. Appellant contends that the trial court abused its discretion in deciding to transfer rather to recommit him to the Texas Youth Commission. We affirm the trial court’s order.

BACKGROUND

On February 3,1992, appellant and four of his friends drove to a service station. Two friends went inside the store to purchase cold drinks. While inside the store, they became involved in a verbal exchange with Melody and David Carter. The verbal altercation continued outside the store. The Carters’ half-brother, Charles Sanders, followed appellant’s friends to their car, requested that they get out of the car, and then began hitting them. Appellant reached under the car seat, pulled out a shotgun, and loaded it. Appellant brought the shotgun along with him “in case there was trouble.” Sanders reportedly grabbed the gun and began hitting appellant. A shot was fired in the air after which a second shot was fired, fatally striking Sanders in the chest. Appellant was sixteen years of age at the time of the offense.

Appellant pleaded true to the offense of murder in juvenile court. The trial court adjudicated appellant a delinquent and imposed a thirty-five year determinate sentence in the Texas Youth Commission (TYC), with possible transfer at age eighteen to the Texas Department of Criminal Justice (TDCJ). See Tex.Fam.Code Ann. §§ 54.04(d)(3), 54.-11(a), (h) (Vernon Supp.1994). After serving one year of his determinate sentence, and just prior to appellant’s eighteenth birthday, the trial court held a release hearing pursuant to section 54.11 of the family code. See Tex.Fam.Code Ann. § 54.11 (Vernon Supp. 1994).

The State introduced the TYC’s summary report at the hearing. In its report, the TYC recommended that appellant be recommitted to the TYC with an indeterminate sentence. The TYC considered appellant a high risk to re-offend without further treatment. Appellant was receptive to treatment, but he needed to access remorse for his victim that was free of self-pity and to resolve his negative emotions. Appellant demonstrated the ability to benefit from further treatment, particularly participation in the capital offender program. The TYC felt that transferring appellant to the TDCJ was not in his “therapeutic” best interest given the more “viable option” of remanding him to the TYC.

Carolyn Esparza, appellant’s treatment program supervisor at the Giddings State School, testified that appellant had shown significant progress while at the school and could continue to progress in that setting. During his time at the school, appellant’s doctor treated him with medication for depression. He did not have any behavioral problems of an aggressive or violent nature. On a five-tier system, appellant achieved junior grade (middle grade). He had not progressed beyond that status because he was not assertive and lacked self-confidence. She described his progress in the system as aver[82]*82age after a year at the school. Appellant also passed the GED and TAAS tests, making him eligible for a high school diploma.

Esparza testified that it would be in society’s and appellant’s best interest to return appellant to the school for further treatment. She disagreed with the conclusions of the TYC report that appellant was a high risk to re-offend without further treatment. However, she later testified that she “would have to agree” with the TYC report that, without rehabilitative treatment, appellant would be a high risk to re-offend. She testified that, contrary to the TYC report, she believed that appellant was genuinely remorseful for his actions. Appellant participated in the victim impact program twice and had positive performances each time. He had not yet participated in the capital offender program, but she testified that he fit the profile of young men who would benefit from the program. Recommitment to the school would give him the opportunity to participate. However, she acknowledged that space and time limitations may preclude his completing the program. The program operates three times a year with eight students participating in each session. She testified that the school has 150 capital offenders on campus and that only twenty-four of them can go through the program each year. She further testified that, although unlikely, it was possible appellant would not complete the program because of his behavior. If recommitted to the school, Esparza testified that the TYC could release appellant in one year if he successfully completed the capital offender program. If he did not successfully complete the program, appellant could remain at the school until his twenty-first birthday.

Beverly Hibbard, appellant’s probation officer, testified about appellant’s background and conduct history before his commitment to the TYC. Her investigation showed that appellant did not have a history of aggressive or violent behavior. She found that appellant had been victimized by other children at school and that appellant had developed a “victim’s stance” through his family and life experiences. She stated that appellant expressed genuine remorse about the loss experienced by the victim’s family. Hibbard felt that recommitment to the TYC would address appellant’s rehabilitative needs. She testified that appellant needed continued therapy and needed to complete the capital offender program.

Allen Wallace, a TYC parole officer supervisor, testified that the TYC recently promoted appellant to senior level on the TYC’s five-tier scale. He admitted that behavior often tends to improve or remain stable as the release hearing approaches.

Wallace recommended that the trial court recommit appellant to the TYC for further treatment. He testified that he believed that if appellant successfully completed his outlined treatment program at the TYC, appellant would be less likely to re-offend and, therefore, a lesser risk to the community. He agreed that if the trial court returned appellant to the TYC and he successfully completed the capital offender program, appellant could be eligible for release on parole as early as one year later. Wallace testified that appellant’s parole release plan was to have appellant go into one of the independent living programs in a halfway house facility. Appellant’s parole officer recommended that appellant not be returned home for the independent living program because family dynamics would not produce continued progress and treatment. Wallace testified that if appellant did not meet the criteria for parole release, he would be released from the TYC at age twenty-one. He further testified that if appellant were released at age twenty-one without having met the criteria for parole release, the public would be at risk.

The victim’s father, Charles Sanders, testified that he felt appellant was still a danger to the public. He felt that justice would not be served by returning appellant to the TYC. He based his opinion on the fact that appellant received a thirty-five year sentence and that if in the TDCJ, appellant would be required to serve approximately eight years and nine months before being eligible for release. The TYC could release appellant in one to three years. He did not believe that a person’s mental attitude can change in that amount of time. He further testified that he believed that time in the TDCJ would benefit appellant in that he would have a chance to [83]

Free access — add to your briefcase to read the full text and ask questions with AI

Related

John Paul Manuel v. the State of Texas
Court of Appeals of Texas, 2024
In the Matter of S.S.C. v. the State of Texas
Court of Appeals of Texas, 2024
in the Matter of P.S.
Court of Appeals of Texas, 2020
in the Matter of J.D. a Juvenile
Court of Appeals of Texas, 2013
in the Matter of L.G.G., a Juvenile
398 S.W.3d 852 (Court of Appeals of Texas, 2012)
in the Matter of J.B.C.
Court of Appeals of Texas, 2008
in the Matter of J.M.
Court of Appeals of Texas, 2005
In re J.D.P.
149 S.W.3d 790 (Court of Appeals of Texas, 2004)
in the Matter of J.D.P.
Court of Appeals of Texas, 2004
in the Matter of M. M. J . M., a Juvenile
Court of Appeals of Texas, 2004
In Re CDT
98 S.W.3d 280 (Court of Appeals of Texas, 2003)
In the Matter of C.D.T., III
98 S.W.3d 280 (Court of Appeals of Texas, 2003)
Mary Zorn v. State of Texas
Court of Appeals of Texas, 2002
in the Matter of M. P.
Court of Appeals of Texas, 2000
In re R.G.
994 S.W.2d 309 (Court of Appeals of Texas, 1999)
Matter of J.M.O.
980 S.W.2d 811 (Court of Appeals of Texas, 1998)
Matter of Tdh
971 S.W.2d 606 (Court of Appeals of Texas, 1998)
in the Matter of A. E. P.
Court of Appeals of Texas, 1997
in the Matter of J.A.S., IV, a Juvenile
Court of Appeals of Texas, 1997
In re D.W.
933 S.W.2d 353 (Court of Appeals of Texas, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
881 S.W.2d 80, Counsel Stack Legal Research, https://law.counselstack.com/opinion/klm-v-state-texapp-1994.