Appellant’s probation may be modified for violating the general
condition of being unsuccessfully discharged from a placement
facility.[In the Matter of S.D.M.S.](11-1-1)
On November 30, 2010, the Eastland Court of Appeals held that the
evidence here showed that respondent was discharged from his placement
prior to the completion of the program; therefore, he violated the term
and condition of his probation which required him to complete the
program
¶ 11-1-1. In the Matter of S.D.M.S., MEMORANDUM, No. 11-08-00315-CV, WL
4879395 (Tex.App.-Eastland, 11/30/10).
Facts: The trial court, sitting as a juvenile court, found that S.D.M.S.
had engaged in serious delinquent conduct (the aggravated sexual assault
of a child), adjudicated his delinquency, and placed him on probation.
The State subsequently filed a motion to modify the disposition.
The original terms and conditions of S.D.M.S.'s probation included the
following provisions:
(a) [S.D.M.S.] is hereby committed to the care, custody and control of
Adolfo Salcido, Chief of the Juvenile Probation Department, a public
official of Midland County, at the Rockdale Regional Juvenile Justice
Center, Milam County, Rockdale, Texas, for a period of at least six (6)
months and until completion of program ...;
(b) [S.D.M.S.] does hereby agree to participate in the total program at
the facility, including all rules and regulations and to remain in
placement until discharged by the staff at the facility in conjunction
with the Midland County Juvenile Probation Department; (emphasis added).
After a hearing on the motion, the trial court modified its previous
disposition and ordered that S.D.M.S. be committed to the Texas Youth
Commission.
Held: Affirmed
Memorandum Opinion: The record from the hearing on the motion to modify
reveals that S.D.M.S. was unsuccessfully discharged after seven months
in the detention center. S.D.M.S.'s case manager at the detention center
testified that he was discharged unsuccessfully after seven months at
Garza. She testified that, during his last two months at Garza, S.D.M.S.
became defiant and disruptive and that he broke the rules by having
sexual writings. The director of the sex offender treatment program at
Garza, Dr. Beth Shapiro, testified that, though S.D.M.S. attended the
sex offender classes, he had minimal progress in the program because he
would not admit committing the offense that he had originally pleaded
to. Dr. Shapiro also testified that S.D.M.S. exhibited inappropriate
sexual behavior while at Garza. The evidence showed that S.D.M.S. was
discharged prior to the completion of the program; therefore, S.D.M.S.
violated term and condition (a) of his probation, which required
S.D.M.S. to complete the program.
Conclusion: Because the evidence supports the trial court's finding that
S.D.M.S. violated a reasonable and lawful order of the court, we hold
that the trial court did not abuse its discretion in modifying
S.D.M.S.'s disposition. The sole issue on appeal is overruled.