In the Matter of R.E.--Appeal from 289th Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-02-00443-CV
IN THE MATTER OF R.E., a Juvenile
From the 289th Judicial District Court, Bexar County, Texas
Trial Court No. 2001-JUV-01112
Honorable Carmen Kelsey, Judge Presiding

Opinion by: Sarah B. Duncan, Justice

Sitting: Catherine Stone, Justice

Sarah B. Duncan, Justice

Sandee Bryan Marion, Justice

Delivered and Filed: July 2, 2003

AFFIRMED

R. E. was adjudicated delinquent and placed on probation for the offense of assault. Subsequently, the State moved to modify the disposition, alleging that R.E. violated five conditions of his probation. The trial court found four of the five allegations to be true and modified its earlier disposition to provide for commitment to the Texas Youth Commission. On appeal, R.E. acknowledges the evidence is sufficient to establish the fourth allegation that he left home without permission but argues the evidence is insufficient to support the remaining three allegations found true by the trial court and contends he should not have been committed to the Texas Youth Commission. Because there is an unchallenged ground supporting the trial court's order, we need not and do not address R.E.'s sufficiency arguments. See In re S.H., 846 S.W.2d 103, 106 (Tex. App.-Corpus Christi 1992, no writ) ("Even if we were to agree with appellant that the evidence is insufficient to show that he committed sexual assault, the trial court's order modifying the disposition ... must be affirmed on the unchallenged ground that appellant violated a reasonable and lawful order of the court."). Because the evidence established R.E. violated a condition of his probation, the trial court did not abuse its discretion in committing him to the Texas Youth Commission. See Tex. Fam. Code Ann. 54.05(f) (Vernon 2002) (permitting modification committing child to the Texas Youth Commission if the trial court "finds by a preponderance of the evidence that the child violated a reasonable and lawful order of the court"). The trial court's judgment is affirmed.

Sarah B. Duncan, Justice