4/25/06 Respondent placed on 6 months formal probation for Theft-MB.
10/9/06 State timely files a motion to extend and modify probation. Said motion correctly alleges the probation violations but makes no mention of commitment to TYC.
12/19/06 State files out of time amended motion to revoke probation and commit to TYC.
Three Issues Arise:
1. Is the amended petition valid inspite of being filed out of time?
2. If not, does the original petition provide sufficient notice to the respondent to allow the State to seek TYC?
3. Under the rules of civil procedure, does the second petition, because it was an amended and not a supplemental, invalidate the first petition?
In re J.A.D., 31 S.W.3d 668
thanks so much stacey!
My pleasure. Tell Becky and Tyra hello for me.
stacey, so if the original petition is the only one we can go forward on and it only requests the court to modify the disposition and extend the probation, without any mention of seeking TYC, can we still seek TYC?
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