Opinion
No. 04-18-00598-CV
05-30-2019
IN THE MATTER OF J.A.
From the County Court, Karnes County, Texas
Trial Court No. 16-05-00005 JVK
Honorable Stella Saxon, Judge Presiding
ORDER
Sitting: Sandee Bryan Marion, Chief Justice Rebeca C. Martinez, Justice Liza A. Rodriguez, Justice
In this juvenile appeal, Appellant J.A. filed a motion for release on personal bond pending disposition of his appeal pursuant to section 56.01(g) of the Texas Family Code. Section 56.01(g) gives an appellate court discretion to allow a juvenile to be released on personal bond pending appeal. See TEX. FAM. CODE ANN. § 56.01(g); In re J.V., 944 S.W.2d 15, 17 (Tex. App.—El Paso 1997, no writ); see also In re D.W.R., 990 S.W.2d 446, 449 (Tex. App.—San Antonio 1999, no pet.) (explaining that appellate court's jurisdiction to grant juvenile a personal bond exists independently of the juvenile court's authority under section 56.01(g)). The burden is on the juvenile to show that he should be released on bond. In re J.V., 944 S.W.2d at 17. Our primary concern when deciding whether to grant bond in a juvenile proceeding is the welfare and best interest of the juvenile. Id.
On April 15, 2019, we remanded appellant's motion for release on personal bond to the trial court and ordered the trial court to conduct an evidentiary hearing and make a recommendation on the matter. See In re J.G., No. 04-04-00699-CV, 2004 WL 2945705, at *1 (Tex. App.—San Antonio 2004, orig. proceeding). A supplemental clerk's record containing the trial court's findings of fact was filed on May 21, 2019. Also filed was a supplemental reporter's record of the evidentiary hearing.
The trial court has recommended that we deny appellant's motion for release on personal bond pending appeal. After reviewing the reporter's record of the evidentiary hearing and the trial court's findings of fact, we agree with the trial court's recommendation. Therefore, appellant's motion for release on personal bond pending appeal is DENIED.
/s/_________
Liza A. Rodriguez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 30th day of May, 2019.
/s/_________
KEITH E. HOTTLE,
Clerk of Court