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In re D.J.C.

Police failed to follow certain Family Code provisions required when obtaining a statement from a minor, including: Appellant's statement was not taken in a designated juvenile processing center, as required by ��52.02(a) and 52.025(a); and his grandmother was excluded from the interview room despite her request to be present, in violation of �52.025(c). Admission of appellant's statements was not harmless error. Houston Court of Appeals, No. 01-07-01092-CV, 09-24-2009

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OPINION

A jury found it true that juvenile appellant D.J.C. engaged in delinquent conduct by committing aggravated sexual assault. The trial court signed a disposition order sentencing appellant to probation for one month in the custody of his grandmother and seven hours of community supervision. In two points of error, appellant argues (1) that the trial court erred in denying his motion to suppress because his statement to police was obtained in violation of Texas Family Code statutes governing juvenile statements and (2) that the trial court erred in restricting his voir dire questions, thereby violating his constitutional rights.

We conclude that the police failed to follow certain Family Code provisions required when obtaining a statement from a minor and that admission of appellant’s statements was not harmless error. We therefore reverse the judgment of the trial court and remand for a new trial.

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