in the Matter of O.J.H., a Juvenile ( 2003 )

                                                             11th Court of Appeals

                                                                  Eastland, Texas

                                                             Memorandum Opinion

In the Matter of O.J.H., a Juvenile

No.  11-02-00210-CV - Appeal from Collin County

The State filed a petition alleging that O.J.H. engaged in delinquent conduct by committing the offense of delivery of a controlled substance, cocaine.  The trial court found the allegations in the petition to be true and sentenced O.J.H. to commitment to the Texas Youth Commission for Aan indeterminate period of time not to exceed the time when he shall be twenty-one (21) years of age or until duly discharged or further ordered.@  O.J.H. appeals from the adjudication that he engaged in delinquent conduct and from the order committing him to the Texas Youth Commission. We affirm.

In his sole issue on appeal, O.J.H. argues that the evidence was legally and factually insufficient to prove that he committed the offense of delivery of a controlled substance.  Proceedings under the Texas Juvenile Justice Code, TEX. FAM. CODE ANN. Title 3 (Vernon 2002), are brought as civil proceedings but are Aquasi‑criminal@ in nature.  In the Matter of J.K.R., 986 S.W.2d 278 (Tex.App. - Eastland 1998, pet=n den=d); In the Matter of R.S.C., 940 S.W.2d 750 (Tex.App. ‑ El Paso 1997, no writ).  In reviewing a challenge to the legal sufficiency of the evidence in a juvenile adjudication proceeding, we apply the civil test considering only the evidence and the inferences supporting the finding and disregarding all of the evidence to the contrary.   Juliette Fowler Homes, Inc. v. Welch Associates, Inc., 793 S.W.2d 660 (Tex.1990); Stafford v. Stafford, 726 S.W.2d 14 (Tex.1987); In the Matter of J.K.R., supra.  If there is any evidence of probative force to support the finding, the issue must be overruled and the finding upheld.  In the Matter of J.K.R., supra.  In reviewing a factual insufficiency issue, we consider and weigh all of the evidence in the case and set aside the finding only if it is so against the great weight and preponderance of the evidence as to be manifestly unjust.  See In the Matter of K.L.C., 972 S.W.2d 203 (Tex.App. - Beaumont 1998, no pet=n).

Alexis Deoreo was working for the McKinney Police Department as a confidential informant.  Deoreo testified that she talked to O.J.H. on the phone and arranged to purchase cocaine from him.  Deoreo then met with the detectives; and they searched her, gave her the money to buy the cocaine, and equipped her with a recording device.  The detectives followed Deoreo to the apartment complex where she met O.J.H.  Deoreo said that she informed O.J.H. that she had $80.  O.J.H. told Deoreo that she could get a Ateenth@ for that amount of money. Deoreo said that O.J.H. took the money and went  into the apartment.  O.J.H. returned after a few minutes and gave the cocaine to another man who was present. The man gave the cocaine back to O.J.H, and O.J.H gave the cocaine to Deoreo.  Deoreo put the cocaine in her pocket and left the apartment complex. Deoreo met with the detectives again, and she was searched again.  Deoreo said that she then gave the detectives the cocaine and the recording device.

O.J.H. specifically argues that the evidence is insufficient to show that he was the person who transferred the cocaine to Deoreo. Deoreo testified at the hearing that O.J.H. handed the cocaine directly to her.   Sergeant Joe Ellenburg of the McKinney Police Department testified at the hearing and identified O.J.H. in court.  Sergeant Ellenburg stated that he had no doubt that Deoreo contacted O.J.H. The audiotape from the recording device used by Deoreo during the purchase of the cocaine was played at the hearing, and Sergeant Ellenburg identified O.J.H.=s voice on the audiotape.   We find that the evidence was both legally and factually sufficient to support the trial court=s finding that O.J.H. committed the offense of delivery of cocaine.  O.J.H.=s sole issue on appeal is overruled.

The judgment of the trial court is affirmed.

W. G. ARNOT, III

CHIEF JUSTICE

March 20, 2003

Panel consists of: Arnot, C.J., and

Wright, J., and McCall, J.