Court of Appeals of Texas, Second District, Fort Worth
THE 323RD DISTRICT COURT OF TARRANT COUNTY TRIAL COURT NO.
MEIER, GABRIEL, and KERR, JJ.
MEMORANDUM OPINION 
ELIZABETH KERR JUSTICE
December 2016, J.Y., a juvenile, stipulated to and was
adjudicated delinquent for aggravated robbery with a deadly
weapon. See Tex. Penal Code Ann. § 29.03(a)(2)
(West 2011). The trial court sentenced him to ten years'
confinement in the Texas Juvenile Justice Department (TJJD),
probated for five years. In January 2017, the State moved to
modify the trial court's disposition, and in March 2017,
the trial court modified its judgment and committed J.Y. To
TJJD for ten years. In one issue, J.Y. appeals the trial
court's modification order, arguing that because the
evidence was insufficient, the trial court abused its
discretion. We affirm.
2016, J.Y. used a firearm to hijack an SUV from its driver.
After being spotted by the police a short while later, J.Y.
and an accomplice then drove at speeds approaching 100 miles
per hour to try to evade capture. In November 2016, a grand
jury indicted J.Y. for aggravated robbery with a deadly
weapon. On December 8, 2016, J.Y. stipulated to that offense,
and the trial court sentenced him to ten years'
confinement in TJJD with a possible transfer to the
Institutional Division of the Texas Department of Criminal
Justice, probated for five years, and released J.Y. from the
Tarrant County Juvenile Detention Center.
evening of December 8-the very day he received his probation
terms and was released from detention-J.Y. went riding with
friends in a stolen truck. When Officer Cannon with the
Arlington Police Department tried to stop the vehicle, J.Y.
and his friends jumped out and ran, leaving a stolen gun on
the floorboard. Officer Cannon chased J.Y. on foot and
State then moved to modify the trial court's disposition
order, alleging that J.Y. had violated his probation
conditions by fleeing from Officer Cannon,  by using
marijuana on December 8, 2016, and by testing positive for
marijuana or THC on December 10, 2016.
Testimony at disposition-modification hearing
disposition-modification hearing on March 2, 2017, J.Y.
stipulated to testimony from his mother, his probation
officer, and Officer Cannon. The trial court also heard live
testimony from J.Y.'s probation officer, who stated that
J.Y.'s mother could not adequately supervise J.Y. at
home. A placement probation officer then testified that J.Y.
had been accepted to a school in Pennsylvania that could
provide for his educational, drug-rehabilitation, and
life-skills needs. Although this school is a non-secure
facility, it provides regular supervision. The same probation
officer testified that the gravity of J.Y.'s offenses
would make it hard for him to be accepted into similar
programs in Texas.
Studies presented at disposition-modification
addition to receiving testimony, the trial court was given a
social-history study prepared by J.Y.'s probation officer
and a psychological evaluation conducted by a Fort Worth
psychologist. The social-history study portrayed J.Y. as a
person who did not know how to control his anger, had toxic
friendships, used drugs daily, and often skipped school. The
psychological evaluation recommended that J.Y. should (1) be
provided a "safe and structured environment, " to
include a residential facility if his parents could not
provide such an environment; (2) be monitored using a
tracking device; ...