Carrillo v. State, 14990
| Decision Date | 14 July 1971 |
| Docket Number | No. 14990,14990 |
| Citation | 470 S.W.2d 227 |
| Parties | Reynaldo CARRILLO, Jr., Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Appeals |
Fred J. Deyeso, Jr., San Antonio, for appellant.
Ted Butler, Miles L. Johnson, Bobby L. Terry, Asst. Dist. Atty., Bexar County, Lucien B. Campbell, San Antonio, for appellee.
Appellant, a minor sixteen years of age, appeals from a judgment after a jury trial adjudging him to be a delinquent child. This appeal complains of the act of the trial judge allowing a trial amendment during the process of the trial.
The original petition of the State alleged the shoplifting of a bottle of cologne, the property of Danny Balli. At the trial the evidence showed that the bottle of cologne and a box of shotgun shells were taken on the same occasion from Joske's store at Las Palmas, the shotgun shells from a department in which Danny Balli was employed, and the bottle of cologne from a department in which Grace Casanova was employed. The State then moved to amend its petition to allege that Grace Casanova was the owner of the cologne, which motion was granted by the trial court over appellant's objection.
At the time the trial court admitted the trial amendment, the court advised appellant's attorney that if he needed additional time to prepare a defense, he would be allowed it. After the defendant's attorney filed his bill of exception, the court again offered to grant a postponement to the defendant to enable him to meet the amended pleadings and the admitted evidence. The testimony of Grace Casanova was not had until after the trial amendment was admitted. Defendant's attorney had ample opportunity to cross-examine her, and did so vigorously.
Appellant urges on this appeal that the trial court erred in allowing such trial amendment because the application of Rule 66, Texas Rules of Civil Procedure, 1 to a juvenile proceeding:
(a) deprives the defendant of proper notice of charges;
(b) deprives the defendant of a right to cross-examination and confrontation and
(c) deprives the defendant of a right to basic fairness.
It is appellant's basic contention that under the situation here involved, Article 28.10 of the Vernon's Ann.Tex.Code Crim.P.Ann. is applicable rather than Rule 66 of the Texas Rules of Civil Procedure . Article 28.10, Tex.Code Crim.P.Ann., provides in part:
The legislature of Texas and the courts of Texas have made it clear that a proceeding to have a child declared delinquent is a civil matter, and that the statutes and rules relating to civil actions should govern as far as practical. Steed and Wray v. State, 143 Tex. 82, 183 S.W.2d 458 (1944); Dendy v. Wilson, 142 Tex 460, 179 S.W.2d 269 (1944); 2 Yzaguirre v. State, 427 S.W.2d 687 (Tex.Civ.App.--Corpus Christi 1968, no writ); Gamble v. State, 405 S.W.2d 384 (Tex.Civ.App.--Eastland 1966, no writ); Article 2338--1, Vernon's Ann.Tex.Civ.Stat.Ann.
Appellant relies heavily on In re Gault, 387 U.S. 1, 87 S.Ct. 1428, 18 L.Ed.2d 527, to support his contentions. The Supreme Court of Texas has had occasion to pass on this matter since Gault in State v. Santana, 444 S.W.2d 614 (). 3 In its opinion the Texas Supreme Court said (444 S.W.2d 614 at 622): ...
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Carrillo v. State
...shotgun shells from Danny Balli, though he had not been so charged. The Court of Civil Appeals affirmed the judgment of the trial court. 470 S.W.2d 227. We The evidence is that the house detective of Joske's Las Palmas Store in San Antonio became suspicious of Reynaldo and his male companio......
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Torres, In re, 6185
...is concerned.' Felder v. State, 463 S.W.2d 272 (Tex.Civ.App. Houston 1971, writ ref'd n.r.e.). See Carrillo v. State, 470 S.W.2d 227 (Tex.Civ.App. San Antonio 1971, writ granted). The attorneys for the parties have at our request furnished us comprehensive briefs on the jurisdictional quest......