Rodriguez, Alberto
466 S.W.3d 846
| Tex. Crim. App. | 2015Background
- In March 1995, then-16-year-old Alberto Rodriguez was charged in juvenile court for murder; the State sought to transfer (certify) him to adult district court.
- A transfer hearing was set, continued several times, and ultimately heard on August 4, 1995; Rodriguez was transferred, tried as an adult, convicted of murder, and sentenced to life.
- The clerk’s record shows Rodriguez was served with a summons on August 1, 1995 that listed an August 1 hearing time; the return shows personal service at the courthouse after the listed start time and the summons did not reference the August 4 hearing.
- No reporter’s record from the juvenile proceedings is available in the habeas record; docket entries for August 4 state the respondent waived “any further notice.”
- Rodriguez raised in habeas that the juvenile court lacked jurisdiction because service of the summons was defective; the habeas court found the summons noncompliant but the CCA concluded the record did not affirmatively establish lack of jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether defective timing/contents of the summons deprived the juvenile court of jurisdiction to transfer Rodriguez | Rodriguez: Service was not compliant with Family Code (service <2 days before hearing; summons listed wrong date/time), so juvenile court lacked jurisdiction to transfer | State: Rodriguez received actual notice; any defects in the summons were waivable and the record may show waiver | The court held defects in service can be waived under Fam. Code §51.09; because the record does not affirmatively show lack of waiver (and reporter's record is missing), habeas relief denied |
| Whether a juvenile can waive defects in service of summons for transfer hearing | Rodriguez: A juvenile cannot waive service; defects are jurisdictional and non-waivable | State: While a juvenile cannot waive actual service itself under §53.06(e), defects in the summons (timing/wording) are waivable under §51.09 if the statutory waiver conditions are met | The court held §53.06(e) bars waiver of service itself but does not clearly prohibit waiver of defects in wording/timing; §51.09 permits waiver of such defects if statutory safeguards are satisfied |
| Standard for collateral attack via habeas when service is challenged | Rodriguez: The absence of strict statutory service compliance means the transfer was void and subject to collateral attack | State: On collateral attack, the record must affirmatively show lack of jurisdiction; mere technical defects that could be waived do not suffice | The court applied the collateral-attack rule: habeas relief requires the record to affirmatively show jurisdictional defect; here it does not, so relief denied |
Key Cases Cited
- In re W.L.C., 562 S.W.2d 454 (Tex. 1978) (failure to show service in record deprives juvenile court of jurisdiction in direct attack)
- Grayless v. State, 567 S.W.2d 216 (Tex. Crim. App. 1978) (no summons issued — record affirmatively showed lack of jurisdiction)
- Ex parte Johnson, 99 S.W.2d 598 (Tex. Crim. App. 1936) (habeas/collateral attack succeeds only when record affirmatively reveals lack of jurisdiction)
- PNS Stores v. Rivera, 379 S.W.3d 267 (Tex. 2012) (collateral-attack jurisprudence disfavors extending direct-attack strictness to mere technical defects in service)