McKaine v. Texas
Texas Court of Criminal Appeals
170 S.W.3d 285 (2005)
- Written by Deanna Curl, JD
Facts
On November 12, 2002, 16-year-old McKaine (defendant) and three other people broke into a private residence armed with handguns. Once inside, McKaine ordered a woman in the home to remove her clothing in front of her three young children, fondled her, and threatened to rape her. Before leaving the home, McKaine and the other individuals stole money and other belongings and threatened to kill the entire family if they told anyone about the incident. McKaine was initially charged for the offense in juvenile court, but the state (plaintiff) petitioned to have McKaine’s case transferred to the district court for criminal prosecution as an adult. The juvenile court held a transfer hearing and determined that McKaine’s case should be transferred to the district court. Following transfer, McKaine pleaded guilty to burglary of a habitation and committing aggravated assault therein and was sentenced to imprisonment for 75 years. McKaine subsequently appealed multiple issues, including the juvenile court’s waiver determination.
Rule of Law
Issue
Holding and Reasoning (Garza, J.)
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