In the Matter of S.A.G.--Appeal from 289th Judicial District Court of Bexar County

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DISSENTING OPINION
No. 04-06-00503-CV
IN THE MATTER OF S.A.G.
From the 289th Judicial District Court, Bexar County, Texas
Trial Court No. 2000-JUV-01993A
Honorable Carmen Kelsey, Judge Presiding

Opinion by: Karen Angelini, Justice

Concurring opinion by: Steven C. Hilbig, Justice

Dissenting opinion by: Catherine Stone, Justice

 

Sitting: Catherine Stone, Justice

Karen Angelini, Justice

Steven C. Hilbig, Justice

 

Delivered and Filed: March 14, 2007

The essence of this case has been succinctly stated by S.A.G.'s attorney: "If Appellant's mother had had the ability [in] 2001 to pay the restitution that the trial court ordered, this case would have been closed then." The record shows, however, that S.A.G.'s mother was financially destitute and could not pay the thousands of dollars of restitution ordered by the court. Had S.A.G. been the child of a more financially stable parent - perhaps the child of a lawyer or a judge - she would have completed her probation in 2001 without incident. Instead, she has remained in a juvenile justice system that has failed her. By all accounts, S.A.G. was not well served by her prior commitment to TYC; a commitment which was overturned by this court. There is no evidence in the record that S.A.G. will be any better served by a second commitment. If anything, the record reveals that S.A.G. is more emotionally fragile now than ever before. When reviewing the trial court's order of commitment in light of the entire record and in light of the purposes of the Juvenile Justice Code, I remain convinced that the trial court abused its discretion. Accordingly, I dissent.

Catherine Stone, Justice

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