J. J. H. v. State
| Decision Date | 27 October 1977 |
| Docket Number | No. 5802,5802 |
| Parties | J. J. H., a juvenile, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Appeals |
Tom W. Watson, Watson, Benedict & Wiginton, Angleton, for appellant.
Ogden L. Bass, Criminal Dist. Atty., A. B. Crowther, Jr., Asst. Crim. Dist. Atty., Angleton, for appellee.
In September, 1976, appellant juvenile was adjudged to be a delinquent child and was placed on probation. One condition of probation was that appellant not violate the laws of this State. Thereafter, the State filed a Motion to revoke probation pleading that on or about February 1, 1977, during the term of probation, appellant committed the offense of burglary in violation of V.T.C.A., Penal Code, § 30.02. After a hearing without a jury, the order of probation was set aside and appellant was committed to the custody of The Texas Youth Council. He appeals. We affirm.
When the State rested its proof on the question of probation violation, appellant based an oral motion for dismissal of the proceeding upon the fact that the State's petition does not allege the County and State in which the burglary charged against him was committed. The motion was overruled. Appellant assigns error to this ruling, citing V.T.C.A., Family Code § 51.06(a). This statute is one of venue. It provides, Delinquency proceedings are civil in nature, and are governed by our rules of civil procedure. Brenan v. Court of Civil Appeals, Fourteenth District, 444 S.W.2d 290, 292 (Tex.Sup.1969); Lockamy v. State, 488 S.W.2d 954, 956 (Tex.Civ.App. Austin 1973, no writ). A plaintiff is not required to plead facts supporting venue in the county of suit until the defendant raises the issue by filing a plea of privilege. Rule 86, Vernon's Tex.Rules Civ.Proc. Appellant did not file a plea of privilege. Additionally, the proof shows without contradiction that the burglary in question was committed in the county of suit.
Family Code § 54.05(f) permits modification of a juvenile probation order upon proof "beyond a reasonable doubt" that the child violated its terms. Appellant says the record before us does not satisfy the quantum of proof required by this statute. We disagree. Appellant's participation in the burglary charged against...
To continue reading
Request your trial
-
Robinson v. State
...Delinquency proceedings are civil in nature and the provisions of the Texas Code of Criminal Procedure do not apply. J.J.H. v. State, 557 S.W.2d 838 (Tex.Civ.App.1977); In re V.R.S., 512 S.W.2d 350 (Tex.Civ.App.1974); Lockamy v. State, 488 S.W.2d 954 (Tex.Civ.App.1972). Thus, the provisions......
-
P. G. v. State
...in a juvenile case are not criminal in nature, but rather are civil proceedings. Carrillo v. State, 480 S.W.2d 612 (Tex.1972); J. J. H. v. State, 557 S.W.2d 838 (Tex.Civ.App. Waco 1977, no writ). It is often stated that juvenile proceedings are governed by the Texas Rules of Civil Procedure......
-
R.C.M. v. State
...proceedings are civil in nature and are governed by the Texas Rules of Civil Procedure regarding the submission of issues. J.J.H. v. State, 557 S.W.2d 838, 839 (Tex.Civ.App.--Waco 1977, no writ). Appellant did not object to the special issue as submitted, TEX.R.CIV.P. 272, nor did he submit......
-
A. F. D., In re
...there are no pleadings to support a restitution order. Juvenile proceedings are governed by the Texas Rules of Civil Procedure, J. J. H. v. State, 557 S.W.2d 838, Tex.Civ.App.-Waco 1977, no writ). Judgments in civil cases must conform to the pleadings. Texas Rules of Civil Procedure, Rule 3......