Member
| I am unaware of any specific interpretation of "convicted" as used in 46.04 vis-à-vis an adjudication of engaging in delinquent conduct, but the CCA recently observed that "[a]lthough quasi-criminal in nature, proceedings in juvenile court are considered civil cases." In re Dorsey, 465 S.W.3d 656 (Tex.Crim.App. 2015). If "such an adjudication is not a felony conviction for the purposes of Article 11.07," it seems unlikely it is a conviction for purposes of 46.04. Indeed, what happens to the juvenile does even bring him within the scope of how a felony is defined. See Moon v. State, 451 S.W.3d at 38-39 (child may not be committed or transferred to a penal institution or other facility used primarily for the execution of sentences of persons convicted of crime). One should never forget about federal gun laws, however. |
| |