in the Matter of R.O., a Juvenile, 06-16-00040-CV

Juvenile R.O., age 16, convicted of two counts of aggravated robbery with a deadly weapon and facing transfer to the Texas Department of Criminal Justice (TDCJ) to complete a twenty-year sentence.
Trial court held a transfer hearing under Tex. Fam. Code § 54.11; two TJJD witnesses testified: Leonard Cuccolo (testified from TJJD records, favored transfer) and Jamal Richardson (personal contact, favored retention in TJJD).
Records and testimony showed extensive misconduct by R.O. in TJJD: dozens to hundreds of documented incidents (reported as 43 major violations in part and 177 documented incidents overall), failure to progress in treatment, and unanimous recommendation by the Gainesville State School Special Services Committee for transfer.
R.O. appealed, arguing (1) trial court failed to give statutorily required notice of the transfer hearing to the three victims and (2) the transfer was an abuse of discretion because the court relied on record-based testimony over a witness with personal interaction.
The trial court’s written order recited that "due notice" of the transfer hearing was issued as required by statute.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Failure to notify victims of transfer hearing	Victims were absent and record contains no proof of notice; issue may be raised for first time on appeal	Record does not show lack of notice; transfer order recites "due notice" issued	No notice violation shown; presumption that recitals in judgment are correct overcomes absence of contrary record evidence — issue overruled
Abuse of discretion in ordering transfer	Transfer arbitrary because court credited witness who testified from records over witness with personal contact	Trial court considered § 54.11 factors and there was some evidence supporting transfer (records, misconduct, TJJD recommendation)	No abuse of discretion; substantial evidence and statutory factors supported transfer — issue overruled

State v. Guerrero, 400 S.W.3d 576 (Tex. Crim. App. 2013) (judgment recitals are presumed correct absent conflict with the record)
In re D.B., 457 S.W.3d 536 (Tex. App.—Texarkana 2015) (considered alleged lack of notice to victims and presumption around judgment recitals)
In re F.D., 245 S.W.3d 110 (Tex. App.—Dallas 2008) (standard of review for juvenile transfer is abuse of discretion; some evidence suffices)
Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238 (Tex. 1985) (defining abuse of discretion as arbitrary or unreasonable decision)
In re J.A.R., 343 S.W.3d 504 (Tex. App.—El Paso 2011) (no requirement that the trial court receive evidence on every § 54.11 factor)