In the Matter of R.T.R.--Appeal from 386th Judicial District Court of Bexar County

MEMORANDUM OPINION

No. 04-04-00816-CV

IN THE MATTER OF R.T.R.

From the 386th Judicial District Court, Bexar County, Texas

Trial Court No. 2003-JUV-03375C

Honorable Laura Parker, Judge Presiding //

Opinion by: Catherine Stone, Justice

Sitting: Catherine Stone, Justice

Sarah B. Duncan, Justice

Sandee Bryan Marion, Justice

Delivered and Filed: July 13, 2005

AFFIRMED

R.T.R. appeals the trial court s order modifying a prior disposition and committing him to the Texas Youth Commission. In his sole issue, R.T.R. argues that the trial court abused its discretion in modifying its prior disposition order because the evidence is factually insufficient to show that R.T.R. violated a reasonable and lawful order of the court. We affirm the trial court s judgment.

In 2003, R.T.R. was adjudicated as a child who engaged in delinquent conduct for committing the felony offense of burglary of a habitation with intent to commit theft. Tex. Pen. Code. Ann. 30.02 (Vernon 2003). R.T.R. was placed on probation for twelve months in the custody of his mother. The State subsequently moved to modify the trial court s disposition, alleging that R.T.R. violated the conditions of his probation by testing positive for marijuana on three occasions when reporting to his probation officer; testing positive for marijuana and heroin on a fourth separate occasion; leaving home without his mother s permission; violating his curfew hours; driving without a driver s license or insurance; and failing to attend school regularly. Upon finding that R.T.R. violated these conditions of his probation, the trial court modified its disposition, committing R.T.R. to the Texas Youth Commission until his 21st birthday.

Juvenile courts are vested with a great amount of discretion in determining the suitable disposition of children found to have engaged in delinquent conduct, especially in hearings to modify disposition. In re H.G., 993 S.W.2d 211, 213 (Tex. App. San Antonio 1999, no pet.). A juvenile court may modify a disposition so as to commit a juvenile to the Texas Youth Commission if it is based on a finding that the juvenile was originally adjudicated for commission of a felony and if the court finds by a preponderance of the evidence that the juvenile violated a lawful and reasonable order of the court. Tex. Fam. Code Ann. 54.05(f) (Vernon Supp. 2004-05). Thus, where a child has previously been found delinquent for commission of a felony, we review the record to determine if the trial court abused its discretion in finding, by a preponderance of the evidence, that the juvenile violated a condition of his probation. In re H.G., 993 S.W.2d at 213.

The record in this case reflects that as conditions of R.T.R. s probation, the trial court required R.T.R. to request permission from his parent or probation officer before leaving home, abide by a 7:00 p.m. curfew, refrain from drug use, attend school regularly, and obey all laws. R.T.R. judicially confessed to violating these conditions of his probation by entering a plea of true to each of the alleged violations. A plea of true to a violation of probation order and a stipulation to the evidence are analogous to a judicial confession which justifies the court s finding that the violation was committed by a preponderance of the evidence. See In re M.A.L., 995 S.W.2d 322, 324 (Tex. App. Waco 1999, no pet.).

Because the evidence was sufficient to support the trial court s finding that R.T.R. violated a reasonable and lawful order of the court, the court was authorized to modify its previous disposition order and commit R.T.R. to the Texas Youth Commission. Tex. Fam. Code Ann. 54.05(f). We overrule R.T.R. s sole issue on appeal and affirm the trial court s judgment.

Catherine Stone, Justice