In the Matter of Q.W.

Summary

The Texas Court of Appeals for the First District affirmed orders revoking Q.W.’s juvenile probation and committing him to the Texas Juvenile Justice Department for seven years. The court held that legally and factually sufficient evidence supported the finding that Q.W. violated probation by unlawfully carrying a handgun, and therefore declined to address challenges concerning school attendance, marijuana use, and due process.

Holdings

1. The evidence was legally and factually sufficient to support the juvenile court's finding that Q.W. violated probation by committing the offense of unlawfully carrying a weapon. The evidence showed that the vehicle was not owned by or under the control of Q.W., while a handgun was located on the floorboard near him.
2. A violation of one condition of probation is sufficient to support an order modifying a juvenile's disposition and committing the juvenile to the Texas Juvenile Justice Department.
3. The court did not reach the merits of Q.W.'s due-process argument because the unlawful-carrying violation independently supported the disposition, and Q.W. failed to preserve the due-process complaint in the juvenile court.

Questions Presented

1. Whether legally and factually sufficient evidence supported the juvenile court's finding that Q.W. violated probation by unlawfully carrying a handgun.
2. Whether the juvenile court abused its discretion and violated due process by finding that Q.W. violated the probation condition concerning marijuana.

Disposition

affirmed