Berkley v. State

OPINION

MASSEY, Chief Justice.

Charles Lee Berkley was found to be a delinquent child under the provisions of Vernon’s Ann.Tex.St., Article 2338-1, “Delinquent children * * * ”, and his custody committed to the Texas Youth Council. He appealed.

Since Berkley was a minor the trial court should have appointed a guardian ad litem for him pursuant to delinquency proceedings. Texas Rules of Civil Procedure 173, “Guardian Ad Litem”. If we correctly understand Starks v. State, 449 S.W.2d 559 (Eastland Civ.App., 1969, error refused) proceedings under the Juvenile Act are governed by the rules of civil…