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In re Y.R.S.

Court of Appeals of Texas, Tenth District

August 28, 2019

IN THE MATTER OF Y.R.S., A JUVENILE

          From the County Court at Law No. 2 Johnson County, Texas Trial Court No. J05904

          Before Chief Justice Gray, Justice Davis, and Justice Neill

          MEMORANDUM OPINION

          Tom Gray Chief Justice

         Y.R.S. appeals from a judgment that committed her into the custody of the Texas Juvenile Justice Department (TJJD) for an indeterminate period of time not to exceed her 19th birthday. Y.R.S. complains that the trial court erred in allowing hearsay testimony regarding prior referrals to the juvenile department and incident reports from detention during the disposition hearing. Because we find no reversible error, we affirm the judgment of the trial court.

         Hearsay Testimony

         In her first issue, Y.R.S. complains that the trial court abused its discretion by allowing a juvenile probation officer to testify from notes she had taken from the records of the department regarding Y.R.S.'s prior history with the juvenile department. The witness had answered questions regarding the first referral of Y.R.S. to the juvenile authorities which was for a runaway. When asked about her second referral, the following exchange took place:

STATE: When was the next time your department was involved with [Y.R.S.]?
WITNESS: On May 3rd, 2015, for an assault bodily injury family member.
STATE: And what happened as a result of that charge?
WITNESS: We worked with her until I would say-sorry. I'm looking at the dates. Approximately-
COUNSEL FOR JUVENILE: Excuse me, Judge. At this time I'm going to object. Apparently, she is attempting to testify from documents I haven't seen and that have not been offered or admitted into evidence.
THE COURT: Okay. So your objection is?
COUNSEL FOR JUVENILE: Number one, it's clearly hearsay and, number two, she is basically repeating testimony that I don't believe ...

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