dissenting.
Appellant was convicted of murder and sentenced to forty years confinement. The Court of Appeals affirmed. Coffin v. State, No. 08-87-00294-CR (Tex.App. — El Paso, delivered May 23, 1990). We previously granted appellant’s petition for discretionary review to determine whether the former testimony of a psychologist at a juvenile transfer hearing was properly admitted at trial *150under Tex.R.Crim.Evid. 804(b)(1).1 We remanded to the Court of Appeals to determine whether appellant had a similar motive to cross-examine the psychologist at the juvenile transfer hearing. Coffin v. State, No. 1011-90 (Tex.Cr.App. delivered June 24, 1992). On remand, the Court of Appeals held appellant’s motive to cross-examine the psychologist at the juvenile transfer hearing was similar to the motive he held at trial. Coffin v. State, 850 S.W.2d 608 (Tex.App.— El Paso 1993). Because the majority does not grasp the inherent differences in the purposes for which this testimony was introduced, I respectfully dissent.
I.
THE FACTS
Appellant was a juvenile at the time he committed the instant offense. The State petitioned the juvenile court to waive its exclusive jurisdiction and transfer appellant to a district court for criminal proceedings. See, Texas Family Code, § 54.02. At the juvenile transfer hearing, Dr. Richard W. Walker, Jr., a clinical psychologist, testified. Walker stated that he examined appellant and conducted several intelligence and psychological tests. Walker determined appellant was intellectually and emotionally capable of understanding the nature of legal proceedings against him and was capable of assisting in his own legal defense. Walker further testified appellant’s rehabilitation would be lengthy, requiring a couple of years of extensive residential therapy and follow-up therapy. When appellant cross-examined Walker on the extent of his interview with appellant, Walker admitted his interview with appellant was not extensive, that much of his time involved the administration of psychological tests. When appellant questioned Walker’s ability to testify concerning appellant’s rehabilitation, Walker answered that appellant would not easily change. The juvenile court waived jurisdiction and transferred appellant to district court for criminal proceedings.
Walker died prior to trial. At the punishment phase, the State offered Walker’s testimony from the juvenile hearing to rebut appellant’s application for probation. Appellant objected contending the purpose of the juvenile hearing was different from the punishment phase of the murder trial and that his cross-examination of Walker would be different. The trial judge overruled the objection and admitted Walker’s former testimony.
II.
A SIMILAR MOTIVE
The former testimony hearsay exception of Rule 804(b)(1) is designed to protect confrontation interests while permitting admission of reliable evidence. To ensure the reliability of such evidence, the party against whom the testimony is offered must have had an opportunity as well as a similar motive to develop the testimony at the time of the earlier testimony. Ohio v. Roberts, 448 U.S. 56, 65-66, 100 S.Ct. 2531, 2539, 65 L.Ed.2d 597 (1980). Several Supreme Court cases illustrate the opportunity and motive requirement. In Pointer v. Texas, 380 U.S. 400, 85 S.Ct. 1065, 13 L.Ed.2d 923 (1965), the complainant testified at an examining trial. Although present, Pointer was not represented by counsel and did not cross-examine the complainant. The Court held the later use of the complainant’s testimony violated Pointer’s right of confrontation because he was not afforded, through counsel, an adequate opportunity to cross-examine the witness.
In California v. Green, 399 U.S. 149, 90 S.Ct. 1930, 26 L.Ed.2d 489 (1970), and Roberts, supra the Supreme Court upheld the use of former testimony from a preliminary hearing. In Green, the Court determined the witness’ statement was given under “circumstances closely approximating those that surround the typical trial.” Id., 399 U.S. at *151165, 90 S.Ct. at 1938. The witness was under oath in a judicial proceeding and Green’s cross-examination was not limited in the scope or nature of his cross-examination. In Roberts, the defendant called a witness at a preliminary hearing to show she had permitted Roberts to use her parents’ checks and credit cards. The witness denied giving Roberts permission despite Robert’s detailed examination which questioned the witness’ denial and the possible reasons for such a denial. Relying on Green, the Court “found guarantees of trustworthiness in the accouterments of the preliminary hearing itself.” Roberts, 448 U.S. at 73, 100 S.Ct. at 2542.
In all three cases the Supreme Court focused on the trial-type conditions of the proceeding, the “accouterments” of trial circumstances. The Court did not discuss the purpose or function of the particular proceeding itself. This is not surprising since the purpose of a preliminary hearing is to determine whether there is probable cause to believe the defendant committed the offense. Therefore, a fairly wide scope of questioning is generally permissible. However, the purpose of a proceeding may sometimes serve to limit the scope of cross-examination. In other words, a more narrow focus may also dictate a narrow motive to question witnesses. See, Barber v. Page, 390 U.S. 719, 725, 88 S.Ct. 1318, 1322, 20 L.Ed.2d 255 (1968) (A preliminary hearing which is limited to a determination of probable cause is ordinarily a “much less searching exploration into the merits.”).
We addressed the subsequent use of testimony from a limited-purpose hearing in Russell v. State, 604 S.W.2d 914 (Tex.Cr.App.1980). Although we noted that some examining trials may provide a complete and adequate opportunity to cross-examine a witness, we held the nature of Russell's examining trial, both in practice and as statutorily designed, did not permit a full and complete cross-examination so as to ensure the reliability of the former testimony. Russell, 604 S.W.2d at 921. Therefore, we held the materiality of the testimony to the previous hearing, as well as the facts and circumstances in the particular case were determinative. Id.
Several other cases demonstrate how the issues raised and the purpose and type of the hearing may affect a determination whether a party had the same or similar motive and opportunity to cross-examine a witness. In United States v. Taplin, 954 F.2d 1256 (6th Cir.1992), the prosecutor introduced a co-defendant’s testimony from a hearing on Taplin’s motion to suppress. The Sixth Circuit held the admission of such testimony violated Rule 804(b)(1) because Taplin did not have a similar motive to cross-examine his co-defendant at the pre-trial hearing. In order for testimony to be admissible at a subsequent proceeding, the proceedings must reflect a “substantial identity of issues.” Since the issue at trial was Taplin’s involvement in the offense, Taplin had no incentive to develop such testimony from the co-defendant at the pre-trial hearing. At this hearing, the co-defendant’s testimony was directed to an issue which did not materially affect Taplin. Id., 954 F.2d at 1259.
In United States v. Powell, 894 F.2d 895 (7th Cir.1990), the Seventh Circuit upheld the trial judge’s exclusion of former testimony by a co-defendant, given at a plea of guilt, which partially exonerated Powell. The Court held the prosecutor did not have the same motive to cross-examine the eo-defen-dant at the earlier hearing. The prosecutor’s interest was to demonstrate the voluntariness of the plea and the underlying factual basis to support it. Thus the prosecutor had no incentive to cross-examine the co-defendant concerning Powell’s involvement in the offense. Id., 894 F.2d at 901.
In Russell, Taplin, and Powell, the purpose of the particular proceeding at which the former testimony was elicited, together with the specific issues relevant to that proceeding, determined whether a similar motive to fully cross-examine the witness existed. Thus, our determination must be made on a ease-by-case review.
III.
THE FORMER HEARING
The Texas Family Code allows the juvenile court to waive its exclusive original jurisdiction and transfer a child to district court if:
*1521) the child is alleged to have violated a penal law of the grade of felony;
2) the child was 15 years of age or older at the time he is alleged to have committed the offense and no adjudication hearing has been conducted concerning that offense; and
3) after full investigation and hearing the juvenile court determines that there is probable cause to believe that the child before the court committed the offense alleged and that because of the seriousness of the offense or the background of the child the welfare of the community requires criminal proceedings.
Tex.Fam.Code § 54.02(a). The State must file a petition requesting the juvenile court to waive its exclusive jurisdiction and the child and his parents are entitled to notice of the allegations as well as the time and place of any hearing to be held. Tex.Fam.Code §§ 54.02(b), 53.04, 53.05, 53.06, and 53.07. Prior to any hearing, “the juvenile court shall order and obtain a complete diagnostic study, social evaluation, and full investigation of the child, his circumstances, and the circumstances of the alleged offense.” Tex.Fam. Code 54.02(d).
At the juvenile transfer hearing, the juvenile judge is not constrained by our criminal rules. Tex.Fam.Code § 54.02(e). (Juvenile judge may consider written reports in addition to testimony presented). See, Matter of D.W.L., 828 S.W.2d 520 (Tex.App. — Houston [14th Dist.] 1992) (Juvenile judge may consider hearsay evidence as well as written and oral testimony); KW.M. v. State, 598 S.W.2d 660 (Tex.App. — Houston [14th Dist.] 1980) (Juvenile’s Fifth Amendment right against self incrimination is not infringed when a juvenile judge orders a full investigation and diagnostic study or when such is considered at the transfer hearing); and, A.D.P. v. State, 646 S.W.2d 568 (Tex.App. — Houston [1st Dist.] 1982) (Juveniles do not have to be warned, prior to court-ordered psychological and clinical testing that they have a right to remain silent and that any statements made may be admissible). This is because the purpose of a juvenile transfer hearing is not to determine the juvenile’s guilt or innocence, or punishment, but to determine whether the interests of the juvenile and society are best served by transferring the ease to a district court for criminal proceedings. In the Matter of Honsaker, 539 S.W.2d 198 (Tex.App.— Dallas 1976); and, B.R.D. v. State, 575 S.W.2d 126 (Tex.App. — Corpus Christi 1979).
At the juvenile transfer hearing, the State’s burden is not to prove the juvenile’s guilt beyond a reasonable doubt. Compare, Geesa v. State, 820 S.W.2d 154 (Tex.Cr.App.1991). Rather, the State must only “present to the court evidence that will permit the court to exercise its discretion in deciding whether or not to make the transfer to the district court.” Matter ofM.I.L., 601 S.W.2d 175, 177 (Tex.App. — Corpus Christi 1980). In making this determination the juvenile court shall consider:
(1) whether the alleged offense was against person or property, with greater weight in favor of transfer given to offenses against the person;
(2) whether the alleged offense was committed in an aggressive and premeditated manner;
(3) whether there is evidence on which a grand jury may be expected to return an indictment;
(4) the sophistication and maturity of the child;
(5) the record and previous history of the child; and
(6) the prospects of adequate protection of the public and the likelihood of the rehabilitation of the child by use of procedures, services, and facilities currently available to the juvenile court.
Tex.Fam.Code § 54.02(f). Although the juvenile judge must consider each of these factors, the juvenile judge is not required to give equal weight to each factor or even to find that each factor has been established before the case may be transferred to district court. Matter of C.C.G., 805 S.W.2d 10, 15 (Tex.App. — Tyler 1991); Matter of M.D.B., 757 S.W.2d 415, 417 (Tex.App. — Houston [14th Dist.] 1988); C.W. v. State, 738 S.W.2d 72, 75 (Tex.App. — Dallas 1987); and, A.T.S. v. State, 694 S.W.2d 252, 254 (Tex.App.— Fort Worth 1985). The juvenile judge may, in his discretion, transfer the juvenile to dis-*153triet court on the strength of any combination of the § 54.02(f) factors. Finally, if the juvenile judge finds the consideration of the § 54.02(f) factors require the transfer of the juvenile to the district court, this finding will not be reversed absent proof of an abuse of discretion. Matter of D.W.I., 828 S.W.2d 520, 525 (Tex.App. — Houston [14th Dist.] 1992).2
IV.
DISCUSSION
The underlying policies, procedures, and purposes of a juvenile transfer hearing are dramatically different than a criminal trial. In a juvenile transfer hearing, the juvenile judge’s focus is not on the guilt of the juvenile, but on whether the interests of the juvenile and society can be better met by transferring the juvenile to district court for criminal proceedings. Honsaker, 539 S.W.2d at 201; and, B.R.D., 575 S.W.2d at 131. The State’s burden of proof at the juvenile transfer hearing is substantially lower than in a criminal trial. The State must only “present to the court evidence that will permit the court to exercise its discretion....” Matter of M.I.L., 601 S.W.2d at 177. While the majority is correct that the juvenile judge must consider the likelihood of rehabilitation, § 54.02(f)(6), it is only within the context of the juvenile justice system. Id. The likelihood of appellant’s rehabilitation through the procedures, services and facilities currently available to the criminal justice system was not an issue. Compare, Tex.Fam.Code § 54.02(f). Therefore, while there is overlap between the issues which are relevant to the punishment phase of a criminal trial and a juvenile transfer hearing, this is only because rehabilitation is always relevant to punishment. See, Tex.Penal Code Ann. § 1.02. However, this in no way assumes that appellant had the same motive to question Walker. At the juvenile transfer hearing in the instant case, the relevancy of evidence concerning the likelihood of appellant’s rehabilitation was limited to those “procedures, services, and facilities currently available to the juvenile court.” § 54.02(f). The record before us does not demonstrate whether our criminal justice system provides the same procedures, services or facilities which were available to the juvenile court. As a result, appellant had no motive to cross-examine Walker concerning appellant’s need for “lengthy” rehabilitation and the availability of such rehabilitation within.our criminal justice system.3
Given the inherent differences between the juvenile system and our criminal justice system, the inapplicability of the constitutional protections guaranteed a defendant, and the statutory limitation on the consideration of rehabilitation at the juvenile transfer hearing, I would hold appellant did not have a similar motive to explore this issue in the way it was used at the punishment phase of his murder trial. Because the majority disagrees, I respectfully dissent.
. Rule 804(b)(1) states:
Hearsay exceptions. The following are not excluded if the declarant is unavailable as a witness:
(1) Former testimony. Testimony given as a witness at another hearing of the same or a different proceeding, if the party against whom the testimony is now offered, had an opportunity and similar motive to develop the testimony by direct, cross, or redirect examination. The use of depositions is controlled by Chapter 39 of the Texas Code of Criminal Procedure.
. In D.W.I., the Fourteenth Court of Appeals applied an abuse of discretion standard of review. This is the standard of review we have adopted for most pre-trial proceedings. See, Freeman v. State, 723 S.W.2d 727, 733 (Tex.Cr.App.1986). However, other courts of appeals have reviewed the juvenile judge's findings under a common civil standard of review: whether the juvenile judge’s findings are so against the great weight and preponderance of the evidence as to be manifestly unjust. See, Matter of K.D.S., 808 S.W.2d 299, 302-303 (Tex.App. — Houston [1st Dist.] 1991).
. I would also note that Walker’s testimony concerning the likelihood of appellant’s rehabilitation within the juvenile system was but one of the six factors which must be considered by the juvenile judge. This with the other inherent differences between the juvenile system and our criminal justice system may also have directly affected appellant’s motivation to cross-examine Walker.