In re C.M.M.
503 S.W.3d 692
| Tex. App. | 2016Background
- Appellant (14 at the time of the offense) was charged in juvenile court with capital murder for the deaths of his mother and her unborn child; the State sought waiver to transfer him to adult district court under Tex. Fam. Code § 54.02.
- Recorded statements by appellant to police evolved from denying knowledge to admitting he found his mother bleeding, pulled the knife from her throat, strangled her with a cord and later stabbed her; he had earlier threatened to kill his mother and the unborn baby in front of friends.
- Crime-scene evidence and autopsy: extensive stab wounds, a nearly one-foot electrical cord tightly wrapped around the mother’s neck with associated hyoid fracture; toxicology positive for ethanol and methamphetamine; medical examiner concluded mother’s cause of death was strangulation; autopsy report noted a 17-week male fetus but did not state the fetus’s cause or manner of death.
- Two psychologists testified at the four-day transfer hearing: Dr. Boyd (court-appointed) recommended transfer, opining juvenile services were unlikely to rehabilitate appellant before he aged out; Dr. Sweeney (defense) believed juvenile services could meet appellant’s needs. Both agreed appellant had average intelligence and no overt thought disorder.
- The juvenile court found probable cause and that, under § 54.02(f) (offense against the person; sophistication/maturity; record/history; public protection/rehabilitation prospects), waiver was warranted; the court signed written findings and transferred the case. The court of appeals affirmed.
Issues
| Issue | Appellant's Argument | State's Argument | Held |
|---|---|---|---|
| Whether there was probable cause to believe appellant committed capital murder including death of the unborn child | No probable cause because the record lacks evidence that the fetus died as a result of appellant’s actions; fetal death could be due to cord loops or maternal drug use | Probable cause exists: evidence of a viable pregnancy, appellant’s statements about mother’s pregnancy/abortion, and common-sense inference that maternal homicide could cause fetal death | Probable cause existed; reasonable person could infer fetal death from mother’s homicide and corroborating statements; issue overruled |
| Whether juvenile court abused discretion in waiving jurisdiction under Tex. Fam. Code § 54.02(f) | Trial court failed to properly consider or weigh required factors; evidence did not show juvenile system couldn’t rehabilitate appellant | Trial court considered the statutory factors, relied on Dr. Boyd and other evidence of offense seriousness and appellant’s maturity/background, and made supported findings | No abuse of discretion; each § 54.02(f) finding supported by legally and factually sufficient evidence; transfer affirmed |
Key Cases Cited
- Moon v. State, 451 S.W.3d 28 (Tex. Crim. App. 2014) (standards for reviewing juvenile waiver orders and need for the trial court to "show its work")
- Kent v. United States, 383 U.S. 541 (U.S. 1966) (juvenile transfer proceedings are critically important and must meet essentials of due process)
- Guzman v. State, 955 S.W.2d 85 (Tex. Crim. App. 1997) (definition and practical standard for probable cause)
- In re D.L.N., 930 S.W.2d 253 (Tex. App.—Houston [14th Dist.] 1996) (court need not find every § 54.02(f) factor established; must consider factors)
- Eguia v. State, 288 S.W.3d 1 (Tex. App.—Houston [1st Dist.] 2008) (maternal death can be sufficient to show death of unborn child)