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The State of Texas v. Kenton Jerrod Rhinehart

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Hervey, J., delivered the opinion of the Court in which Meyers, Johnson, Keasler and Cochran, JJ., joined. Keller, P.J., filed a dissenting opinion. Price, J., filed a dissenting opinion in which Womack, J., joined.

OPINION

We granted discretionary review in this case to address, among other things, whether a criminal district court may set aside a juvenile court’s order waiving its jurisdiction and transferring the case to the criminal district court under Section 54.02 of the Family Code (ground three of appellee’s discretionary-review petition). However, with the criminal district court not having set aside the juvenile court’s transfer order, we decide that this issue is not presented in this case, and we, therefore, decline to address it. We do find it necessary to sustain another ground for review (ground one) in appellee’s discretionary-review petition, thus requiring this Court to reverse the judgment of the court of appeals.

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