In re R.P.
- Reporters:
- , ,
- Before:
- Esquivel, Cantu, Dial
This is an appeal from an order of a juvеnile court waiving its exclusive jurisdiction and transferring a juvenile to the district court for criminal proceedings as an adult. We reverse.
After a hearing held on September 17, 1987, pursuant to the provisions of
Hоwever, our examination of the record revеals fundamental error in the order of the juvenile сourt waiving its jurisdiction and transferring appellant to the district court for criminal proceedings. There is nо finding in the court‘s order that after full investigation and heаring the court determined that there is probable сause to believe that appellant committed the offense alleged in the State‘s petition for waiver of jurisdiction and discretionary transfer. Thе finding is one of the three requirements of
(a) The juvenile court may waive its exclusive original jurisdiction and transfer a сhild to the appropriate district court or criminal district court for criminal proceedings if:
* * * * * *
(3) aftеr full investigation and hearing the juvenile court determinеs that there is probable cause to believе that the child before the court committed the оffense alleged and that because of the seriousness of the offense or the background of thе child the welfare of the community requires criminal рroceedings. (Emphasis ours).
Former
This Act applies to a transfer to a district court under Section 54.02, Family Code, that occurs on or аfter the effective date of this Act....
It is undisputed that the transfer in the case before us occurred after the effective date of the Amendatory Act.
We have jurisdiction to declare void the order of the court even though no point of error оn this ground has been assigned. Cf. Carter v. State, 656 S.W.2d 468 (Tex. Crim.App.1983).
The order of the juvenile сourt waiving jurisdiction and transferring appellant to district court is reversed and this cause is remanded to the juvenile court for further proceedings.