## Facts

- James Barry Robinson, age 16, was placed in a juvenile detention center on March 7, 1980, after allegations of aggravated robbery, aggravated kidnapping, and aggravated rape.
- On June 17, 1980, a juvenile court waived jurisdiction and certified Robinson to be tried as an adult under Texas Family Code § 54.02, transferring the case to a criminal district court.
- On June 17, 1980, Robinson was arrested on an adult felony complaint.
- A grand jury indicted Robinson on August 27, 1980, for aggravated robbery and aggravated kidnapping.
- The State announced ready for trial on October 20, 1980.
- Robinson moved to set aside the indictment for failure to grant a speedy trial; the trial court denied the motion after a hearing on October 21, 1980.
- A jury convicted Robinson of aggravated robbery, and the trial court assessed punishment at 20 years’ confinement.

## Issues

1. For purposes of the Texas Speedy Trial Act, did time begin to run when Robinson entered juvenile detention or when the juvenile court certified and transferred him for adult prosecution?
2. Using the correct start date, did the State timely satisfy the Speedy Trial Act by announcing ready on October 20, 1980?
3. Did alleged irregularities in the post-certification examining trial required by Texas Family Code § 54.02(h) require reversal, including use of transcribed certification-hearing testimony by stipulation?

## Decision

- The court held the Texas Speedy Trial Act did not apply during juvenile delinquency proceedings and began only upon certification and transfer to criminal court.
- Using June 17, 1980, as the start date, the State’s October 20, 1980 announcement of ready was timely; no statutory speedy-trial violation occurred.
- The court rejected Robinson’s complaints about the examining trial, concluding the asserted defects were not reversible error where the examining-trial record reflected an agreement to proceed on transcribed prior testimony.
- The conviction and 20-year sentence were affirmed.

## Legal Principles

- Juvenile delinquency proceedings are civil in nature; the Texas Code of Criminal Procedure, including the Texas Speedy Trial Act, does not apply until a juvenile is certified as an adult and transferred to criminal court.
- For a certified juvenile, Speedy Trial Act time is measured from the date of certification and transfer, not from earlier juvenile detention.
- The examining trial required after transfer under Texas Family Code § 54.02(h) is not a jurisdictional prerequisite to prosecution; alleged defects may be waived and generally require a showing of reversible harm.

## Conclusion

The court affirmed Robinson’s aggravated-robbery conviction, holding that statutory speedy-trial protections attach only after juvenile certification and transfer to criminal court, and that claimed examining-trial irregularities after transfer did not warrant reversal.


Robinson v. State, 707 S.W.2d 47 (Tex. Crim. App. 1986)