May 12, 2007, 09:42
Gordon LeMaireJuvenile Appeal of Modification
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?
May 13, 2007, 11:24
david curlI think you are right. See In re C.B.J., No. 10-03-00008-CV, 2004 WL 1588274 *12(Tex.App.-Waco July 14, 2004, no pet.) (MEMORANDUM OPINION) ("When the trial court modifies disposition on multiple grounds, we reverse the trial court's modification order only if appellant successfully challenges all modification grounds.”
May 13, 2007, 14:36
Gordon LeMaireThanks. That is exactly what I was looking for.