in the Matter of L.G.G., a Juvenile
2012 Tex. App. LEXIS 10119
Tex. App.2012Background
- Juvenile court adjudicated L.G.G. delinquent for capital murder in Feb 2007, sentenced to 40 years with possible transfer to TDCJ after majority.
- In June 2011, the trial court ordered transfer of the remaining sentence to TDCJ; L.G.G. appeals two issues.
- Offense occurred Sept 11, 2006; L.G.G. was 16; accomplice Sandoval testified to brutal, premeditated murder during robbery.
- Disposition hearing Jan 30, 2007 included a stipulation confessing to the offense; judgment Feb 1, 2007 committed L.G.G. to TYС with possible transfer to TDCJ for 40 years.
- Transfer hearing considered factors under Tex. Fam. Code §54.11; the court acknowledged rehabilitation but found risk of reoffending supported transfer; record includes both rehabilitative evidence and brutal offense history.
- The court’s transfer order awarded TYC time credits from Jan 30, 2007 to June 8, 2011, but omitted pre-transfer detention time from Sept 12, 2006 to Jan 30, 2007; appellate modification granted to include all pre-sentence detention time.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the trial court abuse its discretion by transferring to TDCJ despite rehabilitation evidence? | G.G. argues rehabilitation in TYС undermined transfer. | Court weighed offense severity and protection of public; rehabilitation evidence supported transfer. | No abuse of discretion; substantial evidence supported transfer. |
| Did the transfer order properly credit pre-sentence time? | Entitled to time credit from Sept 12, 2006. | Credit limited to time in TYС per order. | Modify order to grant pre-sentence credit from Sept 12, 2006 through June 8, 2011. |
Key Cases Cited
- In re F.D., 245 S.W.3d 110 (Tex. App. — Dallas 2008) (abuse-of-discretion standard for transfer decisions in juvenile cases)
- Ex parte Green, 688 S.W.2d 555 (Tex. Crim. App. 1985) (pre-sentence time credit generally awarded; nunc pro tunc remedies available)
- Ex parte Evans, 964 S.W.2d 643 (Tex. Crim. App. 1998) (time credit and correction standards in habeas context)
- Ex parte Harvey, 846 S.W.2d 328 (Tex. Crim. App. 1993) (pre-sentence credit remedies and correction of records)
- Ex parte Ybarra, 149 S.W.3d 147 (Tex. Crim. App. 2004) (habeas relief limitations; time-credit context)
- Phillips v. State, 64 S.W.3d 458 (Tex. App. — Houston [1st Dist.] 2001) (judgment nunc pro tunc and time-credit considerations)
- Rodriguez v. State, 2009 WL 1801264 (Tex. App. — Corpus Christi 2009) (appellate authority to correct clerical time-credit error on direct appeal)