By
Robert O. Dawson
Bryant Smith Chair in Law
University of Texas School of Law
2001 Case Summaries 2000 Case Summaries 1999 Case Summaries
Juvenile and lawyer waived right under
Section 51.09 to explanation of charges [In re M.M.] (00-3-24)
On July 19, 2000, the San Antonio Court of Appeals held that a plea form
signed by the juvenile and his attorney can be given effect under Section 51.09
as a waiver of the juvenile’s right to receive an explanation of the charges
from the judge.
00-3-24. In the Matter of M.M., UNPUBLISHED, No. 04-99-00420-CV, 2000 WL
1060392, 2000 Tex.App.Lexis ___ (Tex.App.—San Antonio 7/19/00)[Texas Juvenile
Law 164 (4th Edition 1996)].
Facts: The appellant, fifteen-year-old M.M., having waived his right to a jury
trial, was adjudicated delinquent for committing the felony offense of theft of
a vehicle. In exchange for M.M.'s plea of true, the State agreed to recommend
that M.M. be placed on probation for eighteen months. The trial court judge
found that M.M. engaged in delinquent conduct and placed M.M. in the care of the
Bexar County Juvenile Probation Department. On appeal, M.M. contends that the
trial court judge committed fundamental error by failing to explain the
allegation of juvenile delinquency to him and his mother. As a result, we must
determine whether the trial court was required to admonish M.M. about the
State's allegation.
Held: Affirmed.
Opinion Text: The Texas Family Code provides: "At the beginning of the
adjudication hearing, the juvenile court judge shall explain to the child and
his parents ... the allegations made against the child ." Tex.Fam.Code Ann.
§ 54.03(b)(1) (Vernon Supp.2000). A juvenile, however, may waive this right.
Specifically, section 51.09 of the Family Code provides that "any right
granted to a child by this title or by the constitution or laws of this state or
the United States may be waived in proceedings under this title." See
Tex.Fam.Code Ann. § 51.09. Section 51.09 sets out specific requirements for
waiving a child's rights. See id. at § 51.09(a)(1)-(4). In this case, M.M.
waived his right to a reading of the petition and to have the allegation
explained to him. In a document filed with the court and signed by M.M., titled
"Court's Admonishments and Respondent's Waiver and Affidavit of
Admonitions," M.M. declared the following:
I, [M.M.], the Respondent in this cause, having this day appeared in open Court with my counsel and having been duly sworn, represent to the Court that I have received a copy of the petition in this cause, that I fully understand its contents; that I know I am charged with Delinquent Conduct/Child In Need of Supervision by committing the offense of theft (1500-20,000) (felony), and that I waive the reading of the petition.
This document was also signed by M.M.'s attorney, who verified that M.M. voluntarily waived his rights, that M.M. had a factual understanding of the charge, and that all the admonishments contained in the document, along with the law regarding waiver, were explained to M.M. In addition, M.M.'s mother signed the document verifying that she understood, and agreed with, the waiver. Because this document complies with section 51.09, this document constitutes a valid waiver. As a result, M.M. waived the right he now complains about. As a result, the trial judge was not required to explain the allegation to M.M. and his mother. Nonetheless, the reporter's record reflects the trial court judge recited the allegation to M.M. and confirmed with M.M. that he understood the charge against him. The record clearly indicates that M.M. understood the allegation. We overrule M.M.'s issue on appeal and affirm the judgment of the trial court.