IN THE MATTER OF J. C. L., A JUVENILE--Appeal from County Court at Law of Aransas County
Annotate this Case
Download PDF
NUMBER 13-08-379-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG IN THE MATTER OF J.C.L., A JUVENILE On appeal from the County Court at Law of Aransas County, Texas, Sitting as a Juvenile Court. MEMORANDUM OPINION Before Justices Yañez, Garza, and Vela Memorandum Opinion by Justice Vela Appellant, J.C.L., a juvenile, appeals from the trial court s order terminating her probation and sentencing her to an indeterminate term in the Texas Youth Commission until discharge, which shall occur no later than her nineteenth birthday. By a single issue, J.C.L. complains that the termination of her probation and sentence to TYC was unjustified, unreasonable, inappropriate and disproportionate to the seriousness of the alleged violation of a term and condition of her juvenile probation, all in violation of the Eighth and Fourteenth Amendments to the United States Constitution. See U.S. CONST . amends. VIII and XIV. We affirm. I. Procedural Background J.C.L. was placed on juvenile probation on June 6, 2007 for delivery or offer of delivery of a dangerous drug, a state jail felony. See TEX . HEALTH & SAFETY CODE ANN . § 483.042(a), (d) (Vernon 2003). On three subsequent occasions, the court found that J.C.L. had violated her probation. Each time, the court modified her probationary terms and increased the sanction level. On April 24, 2008, J.C.L. was unsuccessfully discharged from the Taylor County Post Adjudication Facility a violation of her probation. Thereafter, the State filed a motion to modify J.C.L. s probation. At the hearing on the motion to modify, J.C.L. entered a plea of true to the allegations that she violated her conditions of probation. The trial court terminated her probation and sentenced her to an indefinite term in TYC until discharge or no later than her nineteenth birthday. II. Analysis By her sole issue, J.C.L. complains the trial court s order of termination and sentence to TYC is unjustified, unreasonable, inappropriate and disproportionate to the seriousness of the alleged violation of a term and condition of her juvenile probation, in violation of the Eighth and Fourteenth Amendments of the United States Constitution. See U.S. CONST . amends. VIII and XIV. The record, however, reflects that no objection was made to the sentence either at the time of the hearing or by any post-trial motion. By failing to object, J.C.L. has waived any complaint on appeal. Trevino v. State, 174 S.W.3d 925, 927-29 (Tex. App. Corpus Christi 2005, pet. ref d). Even if the issue had been preserved, however, the punishment assessed was within the limits prescribed by statute. See TEX . FAM . CODE. ANN . § 54.05(f) (Vernon 2007). 2 Generally, punishment that falls within the limits prescribed by statute is not excessive, cruel, or unusual. See Samuel v. State, 477 S.W.2d 611, 614 (Tex. Crim. App. 1972); Trevino, 174 S.W.3d at 928. III. Conclusion Having found that no error has been presented for review, we affirm the trial court s judgment. ROSE VELA Justice Memorandum Opinion delivered and filed this 30th day of October, 2008. 3
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
