Commitment After Murder With No Previous History of Violence
In K.L.M. v. State, 881 S.W.2d 80, 84 (Tex. App.--Dallas 1994, no writ), the record showed that K.L.M., who also committed murder, had no previous history of violent, aggressive or delinquent behavior, and no evidence of problems after his commitment to TYC. K.L.M., 881 S.W.2d at 84.
Further, "the great weight of the evidence showed that [K.L.M.] would benefit from further treatment services offered by the TYC, that he would be a lesser threat to society if he participated in the services offered by TYC, and that it would be in his best interest to be recommitted to the TYC." Id.
Additionally, K.L.M.'s probation officer, treatment program supervisor at school, and TYC parole supervisor all recommended that he be recommitted to TYC. Id.
Despite this mitigating evidence, the appellate court found the trial court had not abused its discretion, noting the severity of K.L.M.'s crime, the possibility that he might re-offend if he did not complete his program, and the possibility that he might be released from TYC (where he could be required to remain only until he was 21). K.L.M., 881 S.W.2d at 85-86.