While the offense of drag racing and causing a
person's death is a traffic offense, it is punishable by imprisonment or
confinement in jail, and is therefore delinquent conduct and the juvenile court
has jurisdiction over it.[In the Matter of A.M.M.](09-1-3)
On December 11, 2008, the Houston Court of Appeals
(1 Dist), held that the juvenile court has jurisdiction over the offense of drag
racing and causing a person's death because it is an offense punishable by
imprisonment or confinement which in turn makes it delinquent conduct.
09-1-3. In the Matter of A.M.M.,
MEMORANDUM, No. 2007-01555J, 2008 WL 5178969 (Tex.App.-Hous. (1 Dist.)
12/11/08).
Facts: Appellant was charged with delinquent
conduct, specifically drag racing and causing the death of another person.
Appellant applied for a writ of habeas corpus alleging that the trial court
lacked jurisdiction because the alleged offense was a traffic offense and not
properly before the juvenile court. After a hearing, the trial court denied
habeas corpus relief and filed findings of fact and conclusions of law one week
later.
A trial court's ruling in a habeas corpus
proceeding should not be overturned absent a clear abuse of discretion. Milner
v. State, 263 S.W.3d 353, 356 (Tex.App.--Houston [1st Dist.] 2008, no pet.).
This case involves a pure question of law, which we will review de novo. Ex
parte Peterson, 117 S.W.3d 804, 819 (Tex.Crim.App.2003), overruled in part on
other grounds by Ex parte Lewis, 219 S.W.3d 335, 371 (Tex.Crim.App.2007). In his
sole issue, appellant asks whether the offense of racing on the highway is
within the jurisdiction of the juvenile court or within the jurisdiction of the
justice or municipal court. See TEX. TRANSP. CODE ANN. § 545.420(a)(3) (Vernon
Supp.2008).
Held: Affirmed.
MEMORANDUM OPINION: A juvenile court has
jurisdiction over all cases involving the delinquent conduct of a child. TEX.
FAM.CODE ANN. § 51.04(a) (Vernon 2002); see id. §51.02(2) (Vernon Supp 2008)
(defining child). Delinquent conduct is conduct, other than a traffic
offense, that violates a penal law of this state or of the United States
punishable by imprisonment or confinement in jail.... Id. § 51.03(a) (Vernon
Supp.2008). A traffic offense is a violation of a Penal statute cognizable
under Chapter 729, Transportation Code, except for conduct for which the person
convicted may be sentenced to imprisonment or confinement in jail. Id. §
51.02(16) (Vernon Supp.2008) (emphasis added). Chapter 729 refers to other
provisions of the Transportation Code, including section 545.420, which is part
of Subtitle C. See TEX. TRANSP. CODE ANN. §729.001(a) (Vernon Supp.2008).
The State alleged appellant engaged in delinquent
conduct. Specifically, appellant was charged with the offense of drag racing and
causing a person's death. TEX. TRANSP. CODE ANN. §545.420(a)(3) (Vernon
Supp.2008). This is a second-degree felony. Id. §545.420(h) (Vernon Supp.2008).
A person convicted of a second-degree felony shall be sentenced to two to twenty
years imprisonment. TEX. PENAL CODE ANN. §12.33(a) (Vernon 2003).
Conclusion: Because appellant was charged with
delinquent conduct that violates a penal law of this state, which is punishable
by imprisonment or confinement in jail, the juvenile court has jurisdiction over
his case. We hold that the trial court properly denied habeas corpus relief. We
overrule appellant's sole issue.