Ex Parte Green
688 S.W.2d 555, 1985 Tex. Crim. App. LEXIS 1188 (1985)
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Rule of Law:
When a juvenile is certified as an adult and subsequently convicted, time spent in a juvenile detention center attributable to the same offense must be credited towards the adult sentence, as pretrial detention, regardless of the detainee's age, deprives liberty and serves a non-punitive purpose comparable to adult pretrial incarceration.
Facts:
- On January 14, 1983, when Tyrant Anthony Green was sixteen years old, police officers observed him and an accomplice robbing and sexually molesting three young women in Dallas.
- Green was taken into custody by police and referred to the Dallas County Juvenile Department's detention center.
- On January 17, 1983, a juvenile court ordered Green's continued detention.
- Green was subsequently released from the juvenile detention center on March 21, 1983.
- On August 23, 1983, Green was "re-arrested."
- On August 31, 1983, three indictments alleging aggravated robbery were filed against Green.
- Green subsequently pleaded guilty to the three aggravated robbery indictments and was sentenced to concurrent ten-year sentences.
Procedural Posture:
- Tyrant Anthony Green filed a postconviction writ of habeas corpus pursuant to Article 11.07, V.A.C.C.P., contending he should receive credit on his sentences for time spent in a juvenile detention center.
- The district court, acting on the writ, recommended that relief be denied, concluding that juvenile confinement is not considered punishment and therefore was not intended by the legislature to apply towards a person's sentence under Article 42.03, § 2(a).
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Issue:
Does Article 42.03, § 2(a) of the Texas Code of Criminal Procedure require that credit for time served be granted for time a juvenile spent in a juvenile detention facility on charges that later lead to conviction in adult court?
Opinions:
Majority - Per Curiam
Yes, Article 42.03, § 2(a) requires that credit for time served be granted for time a juvenile spent in a juvenile detention facility on charges that later lead to conviction in adult court. The court disagreed with the district court's reasoning that policy differences between juvenile and adult confinement negate credit. The court found that comparing pretrial detention of adults and juveniles is more illuminating than comparing their ultimate punitive goals. Citing Schall v. Martin and Bell v. Wolfish, the court emphasized that neither adults nor juveniles may be constitutionally detained pretrial for punishment. Pretrial confinement, whether for an adult or a juvenile, deprives liberty, and the Legislature's amendment to Article 42.03, § 2, making credit mandatory, intended to compensate for this deprivation. Once a juvenile is certified and transferred for criminal proceedings, they are dealt with as an adult and in accordance with the Code of Criminal Procedure, meaning they should be treated no differently than an individual initially detained as an adult.
Dissenting - Miller, J.
No, Article 42.03, § 2(a) does not require that credit for time served be granted for time a juvenile spent in a juvenile detention facility on charges that later lead to conviction in adult court. Justice Miller argued that the majority misinterprets the "in said cause" language of Article 42.03, § 2(a). He contended that Green was detained in the juvenile center solely for the juvenile court to determine his disposition, not for the "same causes" for which he was later prosecuted and convicted as an adult. The dissent asserted that the statute clearly limits credit to time spent "in jail in said cause" and that the Texas Legislature has not enacted a broader statute like some other states (e.g., Minnesota's "in connection with the offense or behavioral incident"). Justice Miller also disagreed with any implicit suggestion of an equal protection violation and raised concerns about the practical difficulties of retroactive application of the majority's decision and its failure to address "good time" credit.
Analysis:
This case significantly broadened the application of pretrial jail time credit in Texas, ensuring that juveniles who are subsequently tried as adults are not disproportionately penalized by their initial detention status. By focusing on the deprivation of liberty inherent in any pretrial confinement, regardless of the facility or initial legal classification, the court reinforced the compensatory nature of jail credit. This decision prevents a two-tiered system where similarly situated individuals, based on age at initial detention, would receive different sentence calculations, thereby promoting a more equitable application of sentencing laws for transferred juveniles. Future cases involving juveniles transferred to adult court will likely apply this precedent to ensure credit for all pre-certification detention related to the eventual adult charges.
