January 17, 2006, 11:18
C. AllenPleading priors
The FC does not seem to require that we plead the priors that make a juvenile eligible for TYC on an original petition (prior felony if this is a misdemeanor). Is this in fact the case? Dawson seemed to intimate in his book that this would be necessary in a modification proceeding, however. Is this an actual distinction? I don't see where the FC requires such a pleading for original petitions or modifications.
January 17, 2006, 12:06
david curlYou might look at
In re J.D.L.Z., 2005 WL 2403427 at *1-2(Tex.App.-Fort Worth, September 29, 2005, no pet.), and
In re M.D.H., 139 S.W.3d 315, 319-20 (Tex.App.-Fort Worth 2004, pet. denied).