In Interest of Franklin

399 So. 2d 671
CourtLouisiana Court of Appeal
DecidedMay 26, 1981
Docket14146
StatusPublished
Cited by14 cases

This text of 399 So. 2d 671 (In Interest of Franklin) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Interest of Franklin, 399 So. 2d 671 (La. Ct. App. 1981).

Opinion

399 So.2d 671 (1981)

In the Interest of John Wayne FRANKLIN.

No. 14146.

Court of Appeal of Louisiana, First Circuit.

May 26, 1981.

Edselle Cunningham, Baton Rouge, for State of Louisiana.

Kathleen Richey, Baton Rouge, for defendant.

*672 Before COVINGTON, CHIASSON and LEAR, JJ.

COVINGTON, Judge.

This is an appeal from a juvenile proceeding in which John Wayne Franklin was adjudicated a delinquent pursuant to LSA-C.J.P. art. 13, (12) and (7).

The petition alleged in nine counts that John W. Franklin, age 16, was delinquent in that on or about April 29, 1980,

"1.

"said juvenile violated La.R.S. 14:62, in that he participated in the burglary of a 1978 Chevrolet van, Florida license number CCS840, belonging to Topaz, Incorporation and operated by Dana Moseley. Said offense occurred in the 400 block of St. Phillip Street, Baton Rouge, Louisiana;

"2.

"further, on or about April 29, 1980, said juvenile violated La.R.S. 14:62, in that he participated in the burglary of a Chevrolet Monte Carlo, bearing Louisiana license number 341A908, belonging to Deborah Hutzler. Said offense occurred in the 400 block of St. Phillips Street, Baton Rouge, Louisiana;

"3.

"further, on or about April 29, 1980, said juvenile violated La.R.S. 14:62, in that he participated in the burglary of a 1978 Ford van, bearing Louisiana license number T241937, belonging to Brendon Leger. Said offense occurred in the 500 block of St. Phillips Street, Baton Rouge, Louisiana;

"4.

"further, on or about April 29, 1980, said juvenile violated La.R.S. 14:67, in that he participated in the theft of one (1) pair of prescription glasses, valued at $100.00 and (1) ladies' wallet, valued at $30.00, belonging to Brendon Leger. Said offense occurred in the 500 block of St. Phillips Street, Baton Rouge, Louisiana;

"5.

"further, on or about April 29, 1980, said juvenile violated La.R.S. 14:62, in that he participated in the burglary of a 1975 Oldsmobile Cutlass, bearing Louisiana license number 59K372, belonging to Patrick Holloway. Said offense occurred in the 500 block of St. Phillips Street, Baton Rouge, Louisiana;

"6.

"further, on or about April 29, 1980, said juvenile violated La.R.S. 14:62, in that he participated in the burglary of a 1980 Pontiac Grand Prix, bearing Louisiana license number 684B395, belonging to Marcia Dupuy. Said offense occurred in the 500 block of St. Phillips Street, Baton Rouge, Louisiana;

"7.

"further, on or about April 29, 1980, said juvenile violated La.R.S. 14:67, in that he participated in the theft of one (1) purse belonging to Lisa Dupuy and one (1) purse belonging to Janet Major, having a total value of $100.00. Said offense occurred in the 500 block of St. Phillips Street, Baton Rouge, Louisiana;

"8.

"further, on or about April 29, 1980, said juvenile violated La.R.S. 14:62, in that he participated in the burglary of a 1975 Chevrolet Monte Carlo, bearing Louisiana license number 192A997, belonging to Charles White. Said offense occurred in the 500 block of St. Phillips Street, Baton Rouge, Louisiana;

"9.

"further, on or about April 29, 1980, said juvenile violated La.R.S. 14:62, in that he participated in the burglary of a 1974 Oldsmobile Cutlass, bearing Louisiana license number 105X605, belonging to James Barton. Said offense occurred in the 500 block of St. Phillips Street, Baton Rouge, Louisiana; ..."

*673 The trial court found John W. Franklin guilty on counts 3, 4, 6, 7, 8 and 9; he was acquitted on counts 1, 2 and 5, three counts of burglary. Thus, he was convicted on four counts of simple burglary (LSA-R.S. 14:62), and two counts of theft of property, each count of $100.00 or more, having a total value of $230.00 (LSA-R.S. 14:67).

He was adjudicated a delinquent on July 28, 1980, and at the disposition hearing on September 15, 1980, he was committed to the custody of the Louisiana Department of Corrections for a term not to exceed 4 years and 2 months.

On appeal, Franklin urges the following Specifications of Error:

"I. There was a complete lack of evidence as to the offense alleged in count eight of the petition and the trial court erred in denying the defense motion for a direct verdict of acquittal as to count eight.

"II. The State failed to carry its burden of proof beyond a reasonable doubt of all essential elements as to the offenses alleged in counts three, four, six, seven and nine and the trial court erred in denying the defense motion for a directed verdict of acquittal as to these counts."

The appellant first contends that, as to count eight of the petition, the State produced no evidence of the essential elements of the offense charged, which was the burglary on April 29, 1980 of a 1975 Chevrolet Monte Carlo automobile belonging to Charles White while it was parked in the 500 block of St. Phillips [St. Philip] Street.

The United States Supreme Court stated in Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979), that in federal habeas corpus cases the standard of review of the sufficiency of the evidence is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime proved beyond a reasonable doubt. The appellant contends that the reasonable doubt standard of review enunciated in Jackson v. Virginia, supra, must be used in the present case. We agree. This State has now adopted the Jackson standard of review when evaluating allegations by defendants that the prosecution presented insufficient evidence to prove an essential element of the crime charged beyond a reasonable doubt. State v. Abercrombie, 375 So.2d 1170 (La.1979), cert. den. ___ U.S. ___, 100 S.Ct. 2151, 64 L.Ed.2d 787 (1980); State v. Roy, 395 So.2d 664 (La.1981). Although juvenile proceedings are not "criminal cases," a juvenile is entitled to the protection of the due process clauses of the 14th Amendment to the United States Constitution, and to all the attendant safeguards guaranteed to anyone accused of a crime. In re Gault, 387 U.S. 1, 87 S.Ct. 1428, 18 L.Ed.2d 527 (1967); In the Interest of Day, 378 So.2d 511 (La.App. 4 Cir. 1979); State v. Schexnaydre, 215 So.2d 370 (La.App. 4 Cir. 1968). Likewise, the burden of proving the charges against a juvenile and the standard of review of the sufficiency of the evidence is no less than against an adult. See In the Interest of Day, supra; In the Interest of LaRocca, 363 So.2d 1325 (La.App. 4 Cir. 1978). We find upon review that the State carried its burden of proof.

On the night of April 29, 1980, Detective Pat Walsh, while checking, along with his partner, Detective D'Amico, parked vehicles in the area around the Baton Rouge Centroplex, heard glass breaking in the 400 block of St. Phillips Street. At that time, he observed three or four young black males moving among the vehicles parked at the rear of an L-shaped parking lot in the 400 block of St. Phillips. He again heard the sound of glass breaking as he walked closer to the parking lot. He also radioed for back-up units.

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Bluebook (online)
399 So. 2d 671, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-interest-of-franklin-lactapp-1981.