in the Matter of C. R. A., a Juvenile
08-16-00142-CV
| Tex. App. | Nov 30, 2016Background
- Appellant (C.R.A.), a juvenile, pled true to multiple sexual-offense adjudications and was placed on probation until age 18.
- Special conditions of probation required sex-offender treatment and registration; the trial court deferred ruling on registration initially.
- Appellant was discharged early from the treatment program due to a leukemia diagnosis and did not complete treatment.
- The State moved under Chapter 62 to require juvenile sex-offender registration; the trial court held a hearing and ordered registration.
- Trial judge acknowledged Appellant’s health but prioritized public safety in ordering registration.
- Appellant appealed; court-appointed counsel filed an Anders brief concluding the appeal was frivolous, and Appellant filed no pro se brief or request for the record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in ordering juvenile sex-offender registration | State: public safety requires registration under Chapter 62 | Appellant: (via counsel) no non-frivolous grounds to oppose the registration order | Court affirmed the registration order; no arguable error found |
| Whether counsel properly briefed a frivolous appeal under Anders | N/A (State) | Counsel: complied with Anders/Schulman duties and notified Appellant of rights | Court found Anders brief adequate and counsel met duties |
| Whether Appellant’s medical condition warranted relief from registration | Appellant: sympathy/health should influence ruling | State: registration requirement governs despite illness | Trial court considered health but ruled public interest controls; affirmed |
| Appealability of juvenile sex-offender registration orders | N/A | N/A | Juvenile registration orders are appealable (court proceeds) |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (establishes counsel’s procedure when filing a brief concluding an appeal is frivolous)
- In re Schulman, 252 S.W.3d 403 (Tex.Crim.App. 2008) (Anders brief requirements in Texas)
- High v. State, 573 S.W.2d 807 (Tex.Crim.App. 1978) (procedural authorities cited regarding appellate practice)
- In re D.A.S., 973 S.W.2d 296 (Texas 1998) (Anders applicability to juvenile delinquency appeals)
- Kelly v. State, 436 S.W.3d 313 (Tex.Crim.App. 2014) (counsel’s duties to notify defendant and provide access to record)