## Facts

- Dominic McKaine was sixteen when he and three accomplices forcibly entered a family’s home in Cuero, Texas.
- McKaine carried a twenty-gauge shotgun; the others carried handguns.
- The intruders forced the husband to the kitchen floor and threatened to kill him if he resisted.
- McKaine pointed the shotgun at the wife and demanded she remove clothing in front of her husband and children; he then touched her and threatened to have sex with her, while threatening to kill the family if she reported the incident.
- In the living room, McKaine pressed the shotgun to the head of the couple’s three-year-old son and threatened to kill the child unless the wife complied with further demands to disrobe; he did not complete a sexual assault.
- The group stole items including a knife, cigarettes, and money, and threatened to kill the family if they contacted authorities.
- The State initially proceeded in juvenile court, then sought transfer to district court for adult prosecution; the juvenile court waived jurisdiction and transferred the case.
- In district court, McKaine pleaded guilty to burglary of a habitation and committing aggravated assault during the burglary, and received a 75-year sentence.

## Issues

1. Whether the juvenile court abused its discretion by waiving juvenile jurisdiction and transferring McKaine for adult prosecution.
2. Whether alleged error in the plea or punishment proceedings required reversal or a new punishment hearing.

## Decision

- The court of appeals granted the State’s motion for rehearing, withdrew its prior opinion, and affirmed the trial court’s judgment.
- The court upheld the juvenile court’s waiver of jurisdiction and transfer to district court.
- The court affirmed McKaine’s conviction and 75-year sentence, rejecting claims warranting a new punishment hearing.

## Legal Principles

- A juvenile court’s decision to waive jurisdiction and transfer a juvenile for adult prosecution is reviewed for abuse of discretion and will be upheld if supported by the record and statutory transfer criteria.
- The gravity and violent, person-directed circumstances of an offense (including use of firearms, threats to kill, and sexual violence-related conduct) may support transfer despite the offender’s youth.
- A sentence within the statutory range will generally not be reversed absent reversible procedural error or a showing that the trial court abused its discretion in sentencing.

## Conclusion

The court affirmed the juvenile court’s decision to certify a sixteen-year-old for adult prosecution based on an armed home invasion involving severe threats and sexual violence-related conduct, and it upheld the resulting guilty-plea conviction and 75-year sentence after rehearing.


McKaine v. State, 170 S.W.3d 285 (Tex. App.—Corpus Christi–Edinburg 2005)