This is my first juvenile appeal.
Juvenile was modified to TYC.
Allegations found to be true after a hearing were:
1 - Commited indecency with a child
2 - Failed to complete an ordered program
Juvenile appeals only the finding of indecency with a child, does not challenge the failure to complete.
Any case law? My limited research so far indicates either would have been sufficient to modify. Would this not result in an advisory opinion, since the juvenile would/could have been committed in any case?
As I understand it, your juvenile was adjudicated delinquent for Indecency with a child and then ordered to complete a counselling program. When he failed to complete the program, a Motion to Modify (Disposition) (or what amounts to a juvenile VOP) was filed.
At the hearing on the modification the only issue should be did he violate the court's order because he had already been adjudicated on the Indecency.
I read over your post again, and I'm still unclear. Was the Indecency a subsequent offense? If so, what was the offense for which he was adjudicated and placed under rules by the court?
If the offense for which he was adjudicated was a felony, and he violated the court's rules, then the TYC commitment should be a good one.
If he was found to have violated the court's rules by committing a new law violation - ie - Indecency - then the only adjudication you have is the original offense, but that doesn't mean the court can't modify him based on the Indecency. Finding the Indecency true in that circumstance might not carry all the same sanctions as an adjudication of delinquency for Indecency.
I guess I'm raising more questions that I'm answering.
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