Flynn v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

Appellant was convicted of murder. The jury assessed his punishment at forty years imprisonment. The El Paso Court of Appeals affirmed the conviction. Flynn v. State, 667 S.W.2d 235 (Tex.App.—El Paso 1984). We granted review to determine whether use of the doctrine of equitable adoption by the court of appeals was proper in this case.

Appellant was fifteen years old at the time of the offense. A certification hearing was held in juvenile court, after which that court waived its jurisdiction and appellant was tried as an…