In re R.D.M.

Court of Appeals of Texas, Ninth District, BeaumontFeb 8, 2007
No. 09-06-137 CV (Tex. App. Feb. 8, 2007)

No. 09-06-137 CV

Submitted on January 24, 2007.

Opinion Delivered February 8, 2007.

On Appeal from the 279th District Court. Jefferson County, Texas. Trial Cause No. F-9876-J.



STEVE McKEITHEN, Chief Justice.

R.D.M., a fifteen-year-old juvenile, appeals from the trial court's order modifying his prior disposition and committing him to the Texas Youth Commission for an indeterminate period of time not to exceed his twenty-first birthday. See Tex. Fam. Code Ann. § 54.04(d)(2) (Vernon Supp. 2006). We affirm.

The judgment recites that R.D.M. pled true after hearing the charges pending against him. The trial court found that R.D.M. violated the terms of the juvenile probation order, that it would be in the child's best interest to be placed outside the home because of the child's history of running away and his unresponsiveness to his parent's attempt to provide supervision, and that R.D.M. had previously been found to be a delinquent child or had previously been convicted of a penal offense and would likely offend if released. Because R.D.M. had been found to be delinquent and was placed on community supervision in a previous case, in revoking community supervision in this case, the trial court had discretion to commit R.D.M. to the Texas Youth Commission. See Tex. Fam. Code Ann. § 54.05(f), (j), (k) (Vernon Supp. 2006).

After perfecting appeal, appointed counsel filed a brief asserting that the appeal is frivolous. The brief complies with the requirements of Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and In re D.A.S., 973 S.W.2d 296 (Tex. 1998). On October 26, 2006, we granted R.D.M. and his mother extensions of time in which to file a pro se brief. No pro se brief has been filed. We have carefully reviewed the record and counsel's brief, and find no arguable error requiring us to order appointment of new counsel. Accordingly, we affirm the trial court's judgment.