K. K. H. v. State Texas

This is an appeal from a disposition of a juvenile, who was found to have engaged in delinquent conduct. After adjudication as a delinquent, the judge in the disposition hearing placed appellant on probation in custody of his aunt until he attained the age of eighteen years. The juvenile appeals on two grounds. The first of these is that the judge erred in adjudicating him to be a delinquent in need of rehabilitation or that adjudication was necessary for the protection of the public or the juvenile, as required by Tex.Fam.Code Ann. § 54.04(c) (Vernon 1975). Appellant further asserts that there is no evidence to support such an adjudication and that any disposition under § 54.04(c) is error. The second ground asserted is that the judge failed to state in his order specifically his reasons for making a disposition as required by § 54.04(f). The first ground is without merit because the judge in his order found that a disposition must be made for the protection of the public and to rehabilitate the appellant and that finding is supported by ample evidence of assaults upon both his mother and his step-father. We hold, however, that the order must be reversed on the second ground because the order does not set forth with specificity the reasons for the court's disposition as required by § 54.04(f). In the Matter of A N M, 542 S.W.2d 916, 919 (Tex.Civ.App. Dallas 1976, no writ).