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Click here for the full text of this decision FACTS:Pursuant to a plea agreement on aggravated assault charges, D.L., a juvenile, was given a six-year determinate sentence at a Texas Youth Commission facility. Three years later, TYC moved to have D.L. serve the remainder of his time in a Texas Department of Criminal Justice facility. At the hearing, D.L., his mother and a TYC court liaison testified. The court liaison discussed a report that had he prepared using information from D.L.’s school psychologist and case worker, neither of whom appeared at the hearing. The trial court approved the motion to transfer, and D.L. appeals. HOLDING:Affirmed. The court rejects D.L.’s argument that he was denied his right to confront witnesses against him, namely his school psychologist and case worker. The court finds that a transfer hearing held under Texas Family Code �54.11 is not a stage of a criminal prosecution for purposes of the Sixth Amendment. Under Texas law, a transfer hearing is not a trial; a juvenile is neither being adjudicated nor sentenced. “Because the juvenile is already being punished for his original conduct in which he was adjudged delinquent, in making this”second chance’ determination, the trial court should be able to consider the juvenile’s behavior since commitment. . . . As such, the hearing does not need to meet the same stringent due process requirements as a trial in which a person’s guilt is decided.” D.L. argues that the state’s failure to give him notice of the bad acts on which they were basing their transfer petition violated his due process rights. The court notes D.L. cites no legal authority for his argument. And because the proceeding is not a trial, the same stringent due process concerns do not apply. OPINION:Angelini, J.; Stone, Angelini and Marion, JJ.

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