in the supreme court of texas in re ethan anthony couch, relator petition for writ of mandamus

114 Pages·2017·5.4 MB·English

FILED
17-0216
3/17/2017 11:37:31 AM
tex-15921741
SUPREME COURT OF TEXAS
BLAKE A. HAWTHORNE, CLERK
RECORD
VOLUME 1 OF 1
CAUSE NO. ________________
IN THE SUPREME COURT OF TEXAS
IN RE ETHAN ANTHONY COUCH,
RELATOR
PETITION FOR WRIT OF MANDAMUS
IN CAUSE NUMBERS1450917, 1450918, 1450920, and 1450921
IN CRIMINAL DISTRICT COURT NUMBER TWO,
OF TARRANT COUNTY, TEXAS
HONORABLE WAYNE SALVANT, PRESIDING
WM. REAGAN WYNN SCOTT BROWN
SBN: 00797708 SBN: 03127100
KEARNEY/WYNN ONE MUSEUM PLACE
ONE MUSEUM PLACE 3100 WEST 7TH STREET
3100 WEST 7TH STREET SUITE 420
SUITE 420 FORT WORTH, TEXAS 76107
FORT WORTH, TEXAS 76107 PHONE: [phone]
PHONE: [phone] FAX: [phone]
FAX: [phone] [email protected]
[email protected]
ATTORNEYS FOR RELATOR
i
INDEX
Cover Sheet. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i
Index. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ii
Petition Regarding Child Engaged in Delinquent Conduct (9/11/13) . . . . . . . . . . . 1
Grand Jury Approval or Disapproval of Juvenile Court Petition Pursuant to Texas
Family Code Section 53.045 (Determinate Sentencing) (9/13/13) . . . . . . . . . . . . . 8
Judgment for Determinate and Indeterminate Sentencing Without Jury Trial (4/11/14)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Amended Order Transferring the Probation Supervision to an Appropriate Adult
District Court (4/5/16) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Docket Sheet Cause Number 1450917. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Docket Sheet Cause Number 1450918. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Docket Sheet Cause Number 1450920. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Docket Sheet Cause Number 1450921. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Reporter’s Record — Hearing on Defendant’s Conditions of Probation (4/13/16)19
Conditions of Community Supervision for Determinate Sentence Transfer from
Juvenile to Adult (4/13/16). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Respondent/Probationer’s Objections to Tentatively Imposed Conditions of Probation
(5/9/16) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Probationer’s Plea to the Jurisdiction (8/30/16). . . . . . . . . . . . . . . . . . . . . . . . . . . 80
Order (11/1/16). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
ii
Reporters Record — Application for Writ of Habeas Corpus & Plea of Jurisdiction
Motion for Denial of Issuance of Writ (11/1/16). . . . . . . . . . . . . . . . . . . . . . . . . . 99
Affidavit of Scott Brown (1/24/17) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
iii
__._._, ._ _-_- -·-u···--·· -·--·---- -·--·-- -·- ----
y'
WBSEP1 1 AMiQ : t,6 NO.
:m MATTER-rt;or1i\A. WS 1~DE.R§ IN TUE 323RD DISTRICT
THE
1
i r,u.,l'..' ··R;C'f C!_ERK
OF ;) 1 § COURTO F
ETRAN AN'l'HONY COUCH § TARRJI..NT COUNTY, TE?..AS
PBl"l:'L'ION~ GARDlNG CHILD BN~AGED IN DELINQtlENT CONDUCT'
TO THE HONORABLE JODGE OF SJ>.ID COURT;
comes now RILEY SHAW, Assistant Criminal District. Attorney
in and fo;r Tarrant- County~ Te:xa..s, and represents to the Court
that Respondent child, ETHAN ANTHON)'. COUCH; is a ~L.E child of
16 years of age, (date of birth 4-liw97)., resi.ding in Tar.rant
County, Texas, who appears to be a c~i'ld that is delinquent.. On
the date of the offense Cs) alleged herein, said Respbnd.ent was
ten years of age o.r older and under seventeen years of age.
Yo\lr l>·etitioner alleges the· following facts which appear to
bring said child within the provisions of Title 3 of the Family
Code, to-wit:
PARAGRAPH ~: THE SAID CHILD HAS ENG}\'GEP IN DELINQUENT
CQ~UCT IN THAT THE CHII.,D VIOLATED A PENAL LAW OF ?dIS -STJ\.TB
PT.n. 3!$HABLE BY IMPRISO~ENT, TO-WIT; SECTIO~ 4 9. 08 (B) OF THE
'l'EY.AS PENAL CODE, WHEN 'ON OR ABOUT THE lSTH DAY OF JUNE 2013,
1
'IN THE' co~ OP Tl\P.RANT Mm STATE OF TEXAS' 'HE DID THEN AND
TIIDRE OPERATE A MOTOR VEHICLE I~ A PUBLIC PLACE. WHILE
·,. . :. .• ·.·. ......·.. .. ..·.· ."r.,, .....:,.. . ..·
1
------·- -- ---c.,------
,.
INTOXICATED AND, BY REASON OF SUCH INTOXICATION, CAUSED THE
DEATH OF ANOTHER, SHELBY BOYLES, THROUGH ACCIDENT OR MISTARE,
NAMELY: BY STRIKING SHELBY BOYLES WITH A MOTOR VEHICLE OPERATED
01."'2af-r
BY SAID RESPONDENT,
AND IT IS FURTHER PRESENTED IN AND TO SAID COURT THAT
C \
DURING THE COMMISSION OF THE ABOVE DESCRIBED FELONY, THE SAID
RESPONDENT DID USE A DEADLY WEAPON, TO-WIT: A MOTOR VEHICLE,
THAT IN THE MANNER OF ITS USE OR INTENDED USE WAS CAPABLE OF
CAUSmG DEATH OR SERIOUS BODILY INJURY,
PARAGRAPH TWO: AND IT IS FURTHER PRESENTED THAT SAID CHILO
HAS ENGAGED IN DELINQUENT CONDUCT IN THAT THE CHILD VIOLATED A
PENAL LAW OF THIS STATE PUNISHABLE BY IMPRISONMENT, TO-WI'r:
SECTION 49.0S(B) OF THE TEXAS PENAL CODE, WHEN ON OR ABOO'l' THE
15TH QAY OF JUNE, 2013, IN THE COUNTY OF TARRANT AND STATE OF
TEXAS, HB DID 'l'HBN AND THERE OPERATE A MOTOR VEHICLE IN A PUBLIC
PLACE WHILE INTOXICATED AND, BY RBASON OF SUCH INTOXICATION
CAUSED THE DEATH OF ANOTHER, HOLLIE BOYLES, THROUGH ACCIDENT OR
MISTAKE, Nl\MELY ~ BY STRIKING HOLLIE BOYLES WITH A MOTOR VBHICt,E
OPERATED BY SAID RESPONDENT,
rs
AND IT FURTHER. PRESENTED IN AND TO SAID COURT THAT
DURING THE COMMISSION OF THE ABOVE DESCRIBED FELONY, THE SAID
RESPONDENT DID USE A DEADLY WEAPON, TO-WIT: A MOTOR VEHICLE,
2
THAT IN THE MANNER OF ITS USE OR INTENDED USE WAS CAPABLE OF
J ·
'5 --:,_
CAUSING DEATH OR SERIOUS BODILY INJURY,
9. _6F..J--
PARAGRAPH THREE: AND IT IS FURTHER PRES THAT SAID
CHILD HAS ENGAGEDI N DELINQUENT CONDUCTI N THAT THE CHILD VIOLATED
A PENAL LAW OF THIS STATE PUNISHABLE BY IMPRISONMENT, TO-WIT:
SECTION 49. 08 (B) OF THE TEXAS PENAL CODE, WHEN ON OR ABOtrr THE
15TH DAY OF JUNE, 2013, IN THE COUNTY OF TARR.ANT AND STATE OF
TEXAS, HE DID THEN AND THERE OPERATE A MOTOR WHICLE IN A PUBLIC
PLACE WHILB INTOXICATED AND, BY REASON OF SUCH INTOXICATION,
CAUSED THE DEATH OF ANOTHER, BRIAN JENNINGS, THROUGH ACCIDENT OR
MISTAKE, NAMELY: BY STRIKING BRIAN JENNINGS WITH A MOTOR VEHICLE
OPERATED BY SAID RESPONDENT,
AND IT IS FURTHER PRESENTED IN AND TO SAID COURT THAT
DURING "!'HE COMMISSION OF THE ABOVE DESCRIBED FELONY, THE SAID
RESPONDENT DID USE A DEADLY WEAPON, TO-WIT: A MOTOR. VEHICLE,
THAT IN THE MANNER OF ITS USE OR INTENDED USE WAS CAPABLE OF
CA.USINGD EATHO R SERIOUSB O~ILY INJURY,
PARAGRAPH FOOR: AND IT IS FURTHER PRE~ENTED THAT SAID CHILD
HAS ENGAGED IN DELINQUENT CONDUCT IN THAT THE CHILD VIOLATED A
PENAL LAW OF THIS STATE PUNISHABLE BY IMPRISONMENT, TO-WIT:
SECTION 49.0B(B) OF THE TEXAS PENAL CODE, WHEN ON OR ABOUT THE
15TH DAY OF JUNE, 2013, IN THE COUNTY OF TARRANT AND STATE OP
3
-----··--- ---..-.- ---- -·--·---- -·--·-- --· ··---
TEXAS, HE DID THEN AND THERE OPERATE A MOTOR VEHICLE IN A PUBLIC
PLACE WHILE INTOXICATED AND, BY REASON OF SUCH INTOXICATION,
CAUSED THE DEATH OF ANOTHER, BREANNA MITCHELL, THROUGH ACCIDENT
OR MISTAKE, NAMELY: BY STRIKING BREANNA MITCHELL WITH A MOTOR
VEHICLEO PERATEDBY SAID RESPONDENT,
AND IT IS FURTHER PRESENTED IN AND TO SAID COURT THAT
DURING THE COMMISSION OF THB ABOVE DESCRIBED FELONY, THE SAID
RESPONDENT DID USE A DEADLY WEAPON, TO-WIT: ·A MOTOR VEHICLE,
THAT IN THE MANNER OP ITS USE OR INTENDED USE WAS CAPABLE OF
CAUSING DEATH OR SERIOUS BODILY INJURY,
PARAGRAPH FIVE: AND IT IS J.i'URTHERP RESENTED THAT SAID CHILD
HAS ENGAGED IN DELINQUENT CONDUCT IN THAT THE CHILD VIOLATED A
PENAL LAW OF THIS STATE PUNISHABLE BY IMPRISONMENT, TO-WIT:
SECTION 49. 07 (C) OF THE TEXAS PENAL CODE, WHEN ON OR ABOUT THE
15TH DAY OF JUNE, 2013, IN THE COUNTY OF TARRANT AND STATE OF
TEXAS, HE DID THEN AND THERE OPERATE A MOTOR VEHICLE IN A PUBLIC
FLACE WHILE INTOXICATED AND, BY REASON OP SUCH INTOXICATION,
CAUSED SERIOUS BODILY INJURY TO, SOLIMON MOHMAND, THROUGH
ACCIDENT OR MISTAKE, NAMELY: BY CAUSING THE MOTOR VEHICLE
OPERATED BY THE RESPONDENT TO LEAVE THE ROADWAY WHICH RESULTED
IN THB MOTOR VEHICLE ROLLING OVER, CAUSING SERIOUS BODILY INJURY
4
-----·----- ---...,------···-·- ·---- ----·-- --- -----
TO SOLIMON MOHMAND, WHO WAS OCCUPYING '!'HE BED OF SAID MOTOR
VEHICLE,
AND IT IS FURTHER PRESENTED IN AND TO SAID COURT THAT
DURING THE COMMISSION OF THE ABOVE DESCRIBED FELONY, THE SAID
RESPONDENT DID USE A DEADLY WEAPON, TO-WIT: A MOTOR VEHICLE,
THAT IN THE MANNER OF ITS USE OR INTENDED USE WAS CAPABLE OF
CAUSING DEATH OR SERIOUS BODILY INJURY,
PARAGRAPH SIX: AND IT IS FURTHER PRESENTED THAT SAID CHILD
HAS ENGAGED IN DBLINOUEN'l' CONDUCT IN THAT THE CHILD VIOLATED A
PENAL LAW OF THIS STATE PUNISHABLE BY IMPRISONMENT, TO-WIT:
SECTION 4 9. 07 ( C) OF THE TEXAS PENAL CODE, WHEN ON OR ABOUT 'l'HB
15TH DAY OF JUNE, 2013, IN THE COUNTY OF TARRANT AND STATE OF
TEXAS, HE DID THEN AND THERE OPERATE A MOTOR VEHICLE IN A PUBLIC
PLACE WHILE INTOXICATED AND, BY REASON OF SUCH INTOXICATION,
CAUSED SERIOUS BODILY INJURY TO, SERGIO MOLINA, THROUGH ACCIDENT
OR MISTAKE, NAMELY: BY CAUSING THE MOTOR VEHICLE OPERATED BY THE
RESPONDENT TO LEAVE THE ROADWAY WHICH RESULTED IN THB MOTOR
VEHICLE ROLLING OVER, CAUSING SERIOUS BODILY INJURY TO SERGIO
MOLINA, WHO WAS OCCUPYING THE BED OF SAID MOTOR VEHICLE,
AND IT IS FURTHER PRESENTED IN AND TO SAID COURT THAT
DURING THE COMMISSION OF THE ABOVE DESCRIBED FELONY, THE SAID
RESPONDENT DID USB A DEADLY WEAPON, TO-WIT: A MOTOR VEHICLE,
5
•
THAT IN THE MANNER OF ITS USE OR INTENDED USE WAS CAPABLE OF
CAUSINGD EATHO R SERIOUS BODILY INJURY.
Your Petitioner further alleges that the name and residence
of the parent(s)/guardian(s) of said child, Ethan Anthony Coach,
are Fred and Tonya couch, 4324 Silver creek Rd., Fort Worth,
Tarrant County, Texas 76108.
That the name and residence of the person or persons having
custody and control of said child, Ethan Anthony Coach, are Fred
and Tonya Couch, 4.324 Silver Creek Rd., Fort Worth, Tarrant
County, Texas ?6108.
Wherefore, your Petitioner prays for such citation and
notice as the law requires, and that a hearing is had to
determine if the said ETHAN .ANTHONYC OUCH is a child that is
delinquent.
It is further prayed that upon disposition and after
hearing that the child .and/or the child• s parent, guardian or
custodian, after being given a reasonable opportunity to be
heard, be ordered to pay: (1) all restitution assessed in this
case, (2) the fee awarded the Court appointed attorney, (3)
court costs in the amount of $20, when the said person is
financially able to do so, (4) a reasonable sum for support if
the child is placed outside the home on probation or committed
6
•
to TJJD when the said person is financially able to do so, (5) a
probation fee of not more than $15 a month should the child be
placed on probation, during the period of probation, when the
said person is financially able to do so, (6) restitution for
any treatment programs ordered by the Court, including, but not
limited to any costs associated with electro~o monitoring, (?)
.
if the child is adjudicated of a felony and a DNA sample is
required by Section 54.0409 of the Texas Family Code, a $50 fee
if the child is committed to the Texas Juvenile Justice
Department, or a $34 fee if the child is not committed to the
Texas Juvenile Justice Department, (8) a $50 juvenile
delinquency prevention fee.
Respectfully submitted,
JOE SHANNONJ, R.
CRIMINALD ISTRICT ATTORNEY
TARRANT COUNTY, TEXAS
,>
RILEY HAW, ASSISTANT
1..n..al,JJ!-:CDJ.'I1S.TARLI CT ATTORNEY
TARRANTC OUNTY, TEXAS
STATE BAR.# 0079~645
DATE: SEP~MBER 10, 2013
7