I've got a Defendant that is now 18, he allegedly raped his cousin 3 years ago. The V just made his outcry 2 months ago.
Although certifying would probably be the best bet, could we do a determinate sentence if they don't object to jurisdiction under 51.042?
I don't believe so. The Court has lost jurisdiction IMHO for anything other than cert once the perp turned 18.
Even if you did get the perp not to object, TYC is going to freak when they get your perp and the paperwork (probation not being an option since you had to have the transfer hearing BEFORE he turned 18). I've had them threaten to send a kid back because his name was spelled wrong, I can only imagine what they would do if you sent them a perp in the situation you describe.
First, I agree with Stacey regarding certification being the sole option. But, hasn't the law changed whereby the court can still place the kid on determinate probation depite being over 18 (when the petition was filed before turning 18)? FC54.051
That was my understanding of 54.051(i) that if filed before 18 but hearing/dispo after 18 then probation (with immediate transfer) is an option.
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