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We recently had a juvenile adjudication and disposition judgment affirmed on appeal. The Court of Appeals, however, did reform the judgment to delete a couple of findings relative to the juvenile and also to delete the adjudication judgment as to three of our four counts (double jeopardy reasons).

My question is, when the Court of Appeals reforms a judgment, is the filing of mandate stating the specific reformations satisfactory for the record, or do we need to file a judgment with the changes made in it?
 
Posts: 363 | Location: Plainview, Hale County | Registered: January 11, 2005Reply With QuoteReport This Post
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Our view is that the judgment as originally issued is fine. The judgment and mandate of the court of appeals combine with it to give you an "effective" judgment. Moreover, in one instance, I have had my court of appeals direct the trial court to issue a corrected judgment when there were a number of issues to fix, which reinforces in my mind that I should do nothing in your situation.
 
Posts: 2127 | Location: McKinney, Texas, USA | Registered: February 15, 2001Reply With QuoteReport This Post
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I agree. In this instance, the appellate court's modification of the trial court's judgment is a court function.
 
Posts: 444 | Location: Austin, Texas, USA | Registered: January 06, 2010Reply With QuoteReport This Post
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It might also be a good idea to go over the appellate court's decision with your juvenile probation department to make certain their supervision of the delinquent remains consistent with any changes made by the court of appeals.
 
Posts: 218 | Location: Victoria, Texas | Registered: September 16, 2002Reply With QuoteReport This Post
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