Good morning.

I'm writing an indictment for a sexual assault and I'm wondering if a juvenile adjudication for Agg. Sexual Assault of a Child is sufficient to enhance to automatic life. A couple of caveats:

1) The offender did not go to TYC for this juvenile adjudication and received 31 months probation. Under 12.42(f), it looks like the juvenile has to be committed to the Texas Juvenile Justice Department or a post-adjudication secure correctional facility to qualify.

2) 12.42(f) seems to say that the juvenile must be found to have engaged in delinquent conduct under Section 54.03 of the Family Code. This judgment states the offender was found to have engaged in delinquent conduct under Section 54.10 of the Family Code.

Any thoughts?

Thanks,
Flint Schneider
Assistant District Attorney
Nueces County, Texas

I don't think you can use it to enhance since there was no TYC. Also, subsection (f) states that useable juvenile adjudications can only be used for 12.42 (a), (b) and (c)(1). Autolife is enhanced by (c)(2).