Appeal from the County Court at Law No. 3 Fort Bend County,
Texas Trial Court Case No. 14-CJV-019101
consists of Justices Higley, Bland, and Brown.
Bland Justice s
an interlocutory appeal from the trial court's order
transferring a juvenile proceeding to criminal district
court. See Tex. Fam. Code Ann. § 56.01(c)(1)(A)
(West Supp. 2016). In its order, the juvenile court waived
its jurisdiction over J.G.M. and transferred his case to
criminal district court to try him as an adult for aggravated
sexual assault, a first-degree felony. On appeal, J.G.M.
complains that the trial court's finding that he was 14
years old at the time of the alleged offense is not supported
by legally sufficient evidence. We affirm.
was 23 years old at the time that the State petitioned the
juvenile court for discretionary transfer to criminal court
to charge him with an aggravated sexual assault that he
allegedly committed at age 14. The complaining witness made
her first outcry about the offense after J.G.M. had turned
State requested that the juvenile court waive its
jurisdiction and transfer J.G.M.'s case to criminal
district court pursuant to section 54.02(j) of the Texas
Family Code. See Tex. Fam. Code Ann. § 54.02(j)
(West 2014); see also Tex. Penal Code Ann. §
22.021 (West Supp. 2016) (defining aggravated sexual assault
as a first-degree felony). The State contended in its
petition that the case qualified for transfer under
subsection (j) because: (1) J.G.M. was 14 years of age or
older and under 17 years of age when he committed the
offense; and (2) the State did not have probable cause to
proceed in juvenile court until new evidence was found after
his 18th birthday.
hearing, the complainant testified that J.G.M. had sexually
assaulted her while she was inside the chapel of the church
that her family and J.G.M.'s family attended. Concerning
her age at the time of the offense, she testified:
1 THE STATE: How old were you when that [sexual assault]
THE COMPLAINANT: I was 7 years old. I know that because it
was before I was baptized.
THE STATE: This happened to you when you were 7 years old,
THE COMPLAINANT: Yes, ma'am.
Taylor, a detective with the Sugar Land Police Department,
testified that she investigated the sexual assault charge and
had interviewed both the complainant and ...