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Click here for the full text of this decision FACTS:S.C., then a 14-year-old high school freshman, wanted to get into the school building early one morning. Cleda Brownfield, a teacher’s assistant, had an assignment to keep out all students except those having business that specifically authorized early entry. S.C. thought her business justified her early entry; Brownfield ruled to the contrary. A pushing fight ensued. The altercation resulted in S.C. being charged with, tried for and found guilty by a six-person jury as having engaged in delinquent conduct by assaulting a public servant under Texas Family Code �54.03. On appeal, S.C. contended that insufficient evidence supported the finding of delinquent conduct, because the state did not prove that S.C. was under 17 years of age; that Brownfield was a school teacher as alleged in the state’s petition; or that Paris High School was a governmental entity, a requirement to establish that Brownfield was a public servant. S.C. also argued that she had ineffective assistance of counsel at trial. HOLDING:Affirmed. S.C.’s first contention was that the proceeding should be reversed, because the state provided no evidence that she was a juvenile. The Texas Juvenile Justice Code, the court stated, covers all cases involving the delinquent conduct of a person who is within the definition of a child. A child is a person 10 years of age or older and under 17 years of age. Any objection to the trial court’s jurisdiction over the child because of age must be raised at the adjudication hearing or discretionary transfer hearing; otherwise, the juvenile waives the right to object later on that basis. The court found that S.C. waived her objection to age at the hearing and thus waived the point on appeal. S.C.’s next evidentiary sufficiency complaint argued that because the state did not prove that Brownfield was a “school teacher,” but instead proved only that she was a “teacher’s aide,” the petition’s allegations were not met. It is undisputed, the court stated, that Brownfield was a teacher’s aide employed by the Paris Independent School District at the time of the altercation. A “public servant” is “a person elected, selected, appointed, employed, or otherwise designated as . . . an officer, employee, or agent of government.” Thus, the evidence shows that Brownfield was a public servant. The petition, the court stated, clearly provided sufficient information for the defendant to prepare an adequate defense at trial. The state was not required to prove the more specific allegation but only what was required by the hypothetically correct jury charge: that Brownfield was a public servant. Accordingly, the court concluded that Brownfield’s undisputed testimony that she was a “teacher’s aide” employed by the Paris Independent School District at Paris High School provided legally and factually sufficient evidence to establish the “public servant” element of the offense. The court also rejected S.C.’s point of error that the state failed to prove that the school district was a government agency, another element of the offense at issue. S.C. also alleged ineffective assistance of counsel. But the court found that even if all of the complained-of actions or inactions were indeed below the norms for competent counsel, nothing in this record suggested that, without those actions or inactions, this case would have had a different outcome. OPINION:Morriss, C.J.; Morriss, C.J., and Carter and Moseley, JJ.

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