We have a potential case that occurred several years ago. Both prospective defs were juveniles when it happened. One is now 18 and the other 20. There are no SoL problems. They were about 14 and 12 when the crime happened. How do we best handle this? Determinate sentencing?

I think you have to try to go under TFC 54.02(j). A juvenile adjudication cannot generally be obtained against a person 18 or over. See In re N.J.A., 997 S.W.2d 554 (Tex. 1999). The exception being for proceedings that were started before the juvenile was 18. TFC 51.041, 51.0412.


A 12 year old can only be certified for cap mur and mur.

Try running a search, this topic has come up a lot.