Opinion
07-22-00277-CV
03-06-2023
IN THE MATTER OF D.L.T.
On Appeal from the County Court at Law No. 2 Potter County, Texas Trial Court No. 11584-2-JV, Honorable Matthew H. Hand, Presiding
Before PARKER and DOSS and YARBROUGH, JJ.
ORDER
Per Curiam
On February 8, 2023, D.L.T. filed a motion for personal bond pursuant to Texas Family Code section 56.01(g) while his "writ of error" is pending before the Texas Supreme Court. We remand the cause to the juvenile court to conduct an evidentiary hearing and rule on the motion.
When D.L.T. was fifteen years old, he was referred to the juvenile court for the offenses of murder and manslaughter. In its second amended petition, the State asked the court to waive its jurisdiction and transfer D.L.T.'s case to criminal district court. See TEX. FAM. CODE ANN. § 54.02. The juvenile court held an evidentiary hearing on the State's request. Following the hearing, the judge determined probable cause existed to believe that D.L.T. committed the offenses of murder and manslaughter as alleged, made written findings under section 54.02(f), and signed a waiver of jurisdiction and order of transfer to criminal district court. See id. § 54.02(h). At the close of this hearing, the juvenile court considered bond for D.L.T. After hearing the arguments of counsel, the court set bond at $150,000 for the murder count and $50,000 for the manslaughter count.
D.L.T. appealed the juvenile court's jurisdictional waiver and transfer of the case to criminal district court. After review, we affirmed the juvenile court's ruling on January 19, 2023. See In the Matter of D.L.T., No. 07-22-00277-CV, 2023 Tex.App. LEXIS 350, at *13 (Tex. App.-Amarillo Jan. 19, 2023, no pet. h.).
D.L.T. then filed his motion for personal bond with this Court. In it, D.L.T. indicates that he has remained continuously in custody at the Youth Center of the High Plains since March 31, 2022, he has been unable to raise funds sufficient to meet the bond set by the juvenile court, and his "writ of error" challenging this Court's decision is due to be filed on or before March 6, 2023. His motion requests release on a personal bond or, alternatively, remand to the juvenile court to conduct an evidentiary hearing on whether D.L.T. should be released on personal bond.
Both the juvenile and appellate courts have authority to release juveniles on bond pending appeal. In re J.V., 944 S.W.2d 15, 17 (Tex. App.-El Paso 1997, no pet.). However, the burden is on the juvenile to show that he should be released on bond. Id.
Based on the allegations made by D.L.T. in his motion, we remand this cause to the juvenile court to hold an evidentiary hearing and to rule on D.L.T.'s request for release on personal bond. The juvenile court shall ensure that its order ruling on the motion is included in a supplemental record and filed with the clerk of this Court on or before March 27, 2023.
It is so ordered.