Opinion
11-24-00005-CV
03-28-2024
IN THE MATTER OF A.V., A JUVENILE
On Appeal from the County Court at Law Brown County, Texas Trial Court Cause No. J00010
Panel consists of: Bailey, C.J., Trotter, J., and Williams, J.
ORDER
PER CURIAM
A.V. has filed in this court a pro se "motion for emergency relief," a pro se "amended motion for emergency relief," and a pro se "second amended motion for emergency relief" related to his juvenile adjudication from 2016 in which he asks us to issue an order releasing him on personal bond for the pendency of his appeal. We abate this cause for the juvenile court to conduct an evidentiary hearing and make a recommendation on the motions.
On March 17, 2016, A.V. was adjudicated delinquent for committing aggravated robbery and engaging in organized criminal activity and received a thirty-year determinate sentence under Section 53.045 of the Texas Family Code. See Tex. Fam. Code Ann. § 53.045 (West 2022); In re A.V., No. 11-22-00361, 2023 WL 105214, at *1 (Tex. App.-Eastland Jan. 5, 2023, orig. proceeding). A.V. was committed to the custody of the Texas Juvenile Justice Department, with the possibility of transfer to the Texas Department of Criminal Justice, Institutional Division, for a term of thirty years. Prior to turning nineteen, A.V. was transferred to the Texas Department of Criminal Justice following a hearing in the juvenile court. See In re A.V., No. 11-18-00135-CV, 2020 WL 2836432, at *1 (Tex. App.- Eastland May 29, 2020, no pet.) (mem. op.). On July 12, 2023, he filed an application for writ of habeas corpus in the juvenile court, which was denied on October 20, 2023. A.V.'s appeal of that denial is currently pending before this court in this cause.
A.V.'s motions before us are not a request for emergency relief. Rather, A.V. is requesting to be released on personal bond pending appeal under Section 56.01(g) of the Texas Family Code. See Fam. § 56.01(g) (West Supp. 2023). He likewise asserts, as he has in previous filings, that "the trial court lacked subject matter jurisdiction over the proceedings." See In the Matter of A.V., No. 11-23-00193-CR, 2023 WL 6884277, at *1 (Tex. App.-Eastland Oct. 19, 2023, orig. proceeding). We requested a response from the State regarding A.V.'s request, but have not received a response.
With respect to A.V.'s repeated attack on the trial court's jurisdiction, we reiterate that jurisdiction over his juvenile proceedings "lie[d] exclusively with the juvenile court," specifically, the Brown County Court at Law. See Tex. Gov't Code Ann. § 23.001 (West 2023) ("Each . . . statutory county court exercising any of the constitutional jurisdiction of either a county court or a district court has jurisdiction over juvenile matters and may be designated a juvenile court."); Gov't § 25.003(a), (c) (West Supp. 2023) (concurrent jurisdiction of county courts); Gov't § 25.0272 (West 2019) (the Brown County Court at Law has jurisdiction concurrent with the district court in certain proceedings and cases, in addition to the jurisdiction provided by Section 25.003); see also Tex. Const. art. V, § 16 ("County court judges shall have the power to issue writs necessary to enforce their jurisdiction."); Gov't § 26.042(b) (civil and juvenile jurisdiction of constitutional county courts); Gov't § 26.047 (writ powers for constitutional county courts); Fam. § 56.01(o) (the Juvenile Justice Code does not limit a juvenile's right to obtain a writ of habeas corpus).
Additionally, the local rules of practice for Brown and Mills Counties designate the Brown County Court as the juvenile court for juvenile cases in Brown County, and the rules provide that the Brown County Court at Law shall serve as the juvenile court in the event the County Judge is not a licensed attorney. See Brown And Mills (Tex.) Loc. R. 1.1(b)(1) (35th District Court and constitutional county courts of each county); Fam. 51.04(b) (one or more courts must be designated as the juvenile court). We note that A.V.'s adjudication occurred in the Brown County Court at Law, and the judge currently presiding over the Brown County Court was the county attorney at the time A.V. was adjudicated. See In re A.V., 2023 WL 6884277, at *2 n.1; A.V., 2020 WL 2836432, at *1; A.V., 2017 WL 2484348, at *1; see also In re K.E.M., 89 S.W.3d 814, 817 (Tex. App.-Corpus Christi-Edinburg 2002, orig. proceeding).
Furthermore, both juvenile and appellate courts have authority to release juveniles on bond pending appeal. See Fam. § 56.01(g); In re J.V., 944 S.W.2d 15, 17 (Tex. App.-El Paso 1997, no pet.); In re D.L.T., No. 07-22-00277-CV, 2023 WL 2473370, at *1 (Tex. App.-Amarillo Mar. 6, 2023, no pet.). The burden is on the juvenile to show that he should be released on bond. J.V., 944 S.W.2d at 17; D.L.T., 2023 WL 2473370, at *1. And the "primary concern when deciding whether to grant bond in a juvenile proceeding is the welfare and best interest of the juvenile." In re J.G., No. 04-04-00699-CV, 2004 WL 2945705, at *1 (Tex. App.-San Antonio Dec. 22, 2004, orig. proceeding).
Accordingly, we abate this appeal until April 29, 2024, and order the trial court to hold an evidentiary hearing prior to that date with respect to A.V.'s request for a personal bond. See J.V., 944 S.W.2d at 16 (noting that the appeal was previously abated for the trial court to conduct an evidentiary hearing and make written findings of fact, conclusions of law, and a recommendation with respect to juvenile's application for personal bond); J.G., 2004 WL 2945705, at *1 (same). The trial court is further ordered to enter written findings of fact, conclusions of law, and a recommendation on A.V.'s motions and application within five days of the hearing. We further order: (1) that the county or district clerk forward a supplemental clerk's record containing the trial court's written findings of fact, conclusions of law, and recommendations on A.V.'s motions and application for personal bond by April 29, 2024; and (2) that the court reporter for the Brown County Court at Law create a supplemental reporter's record containing a transcript of the hearing and to file the supplemental reporter's record with this court by April 29, 2024.
On April 29, 2024, or upon the filing of the supplemental clerk's record and the supplemental reporter's record with this court, whichever is earlier, the appeal will be reinstated. This court will issue further orders and instructions to the parties as necessary upon the receipt of the record from the hearing on Appellant's request for personal bond.
It is so ordered.