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In re S.R.C.

An affirmative finding of use of a deadly weapon is not required in the judgment adjudicating a juvenile delinquent for violating Texas Penal Code sec. 22.02.

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S.R.C., a juvenile, was adjudicated delinquent for intentionally and knowingly using a deadly weapon and causing bodily injury to another. See Tex. Fam. Code Ann. � 54.03 (West Supp. 2001); Tex. Pen. Code Ann. � 22.02 (West 1994). The district court, sitting as the juvenile court for Runnels County, ordered S.R.C. committed to the Texas Youth Commission for an indeterminate period of time not to exceed S.R.C.’s twenty-first birthday. S.R.C. raises one issue on appeal. We will affirm.

At his adjudication hearing, S.R.C. presented no witnesses or sworn testimony, but a stipulation of evidence was admitted. S.R.C. pleaded true to the allegation set forth in the original petition-that he “intentionally and knowingly use[d] a deadly weapon, to wit: a straight blade razor, which in its manner of use and intended use was capable of causing serious bodily injury and death, and did then and there intentionally and knowingly cause bodily injury to [A.L.M.] by the use of said deadly weapon.” *fn1 However, in pleading true, S.R.C. explained that he was a party to the alleged conduct, but did not actually use the deadly weapon to injure the victim. The court construed S.R.C.’s plea as follows: “[W]hat you are pleading true to is that you were a party to this event. You were there, you held [A.L.M.] down and by holding him down, that allowed [A.R.] to use a razor blade on him. But you didn’t use a razor blade.”

In its judgment of adjudication, the juvenile court found that S.R.C. had engaged in the delinquent conduct as alleged and that he had participated as a party to the offense along with two other individuals. It further found that another individual, not S.R.C., had used the razor to cut the victim while S.R.C. and a third person held the victim. Moreover, the juvenile court specifically found that S.R.C. did not use or exhibit the deadly weapon, but engaged in the delinquent conduct as a party.

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