Page 91 - Juvenile Practice is not Child's Play
P. 91

Defendant is a child within the meaning of Tex. Fam.Code Ann. § 51.02(2) in that [he] is [under 17 years of age/under

            18 years of age, but 17 years of age or older, and is alleged to have engaged in delinquent conduct before becoming 17
            years of age]. At the time of the offense that defendant is alleged to have committed, defendant was [age of juvenile at
            the time of alleged offense] years of age.

            Defendant has been charged with the offense of [name of offense], which is not a perjury offense, a traffic offense, a
            misdemeanor punishable by only, or a violation of a penal ordinance of a political subdivision.

            Defendant has not been previously transferred to this court under Tex. Fam. Code Ann. § 54.02. Under Tex. Penal

            Code Ann. § 8.07, unless the juvenile court waives jurisdiction and certifies the individual for criminal prosecution,
            the defendant may not be prosecuted for or convicted of the offense of [name of offense] when committed before the
            defendant reaches 17 years of age.


            Under Tex. Fam. Code Ann. § 51.04(a) the [name of juvenile court] Court has exclusive original jurisdiction over
            proceedings under Tex. Fam. Code Ann. Tit. 3.


                                                       Prayer for Relief

            Therefore, defendant respectfully requests that the court set this matter for a hearing, and on final hearing issue an
            order transferring this cause to the [name of juvenile court] Court of [name of county of juvenile court], Texas,

            together with a copy of the accusatory pleading and other papers, documents, and transcripts of testimony relating to
            the case.

            Respectfully submitted
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