State ex rel. E.D.C.

903 So. 2d 571, 2005 La. App. LEXIS 1237, 2005 WL 1110397
CourtLouisiana Court of Appeal
DecidedMay 11, 2005
DocketNo. 39,892-JAC
StatusPublished
Cited by27 cases

This text of 903 So. 2d 571 (State ex rel. E.D.C.) 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
State ex rel. E.D.C., 903 So. 2d 571, 2005 La. App. LEXIS 1237, 2005 WL 1110397 (La. Ct. App. 2005).

Opinions

It CARAWAY, J.

This sixteen year old, EDC, was adjudicated delinquent for the crimes of unauthorized entry of a business, entry on or remaining in places after being forbidden and theft. The trial judge committed EDC to the Department of Public Safety and Corrections, Office of Youth Services (“OYS”) until not later than his eighteenth birthday for the unauthorized entry. His disposition was to be served concurrently with sentences of six months on the theft and the charge of remaining after forbidden. EDC appeals both the adjudication and disposition. We affirm the adjudications, but vacate the dispositions and remand for a disposition hearing.

Facts

During a four-month period in late 2004, EDC engaged in a series of alleged delinquent acts which included his theft of clothing from a general store on August 30, 2004, and the unauthorized entry of Creative Crafts on October 30, 2004. EDC was also alleged to have cursed loudly and caused a disturbance during school hours at Davidson High School on October 12, 2004, and to have been on the main campus of Davidson High School after being forbidden from doing so on November 1, 2004.

As the result of these acts, the state charged EDC with middle grade theft of a general store in violation of La. R.S. 14:67.10, disturbing the peace at Davidson High School in violation of La. R.S. 14:103, the unauthorized entry of a place of business in violation of La. R.S. 14:62.4 and remaining after being forbidden at Davidson High School in violation |gof La. R.S. 14:63.3. The state permitted severance of the charges which were heard back to back for trial on December 14,2004.

After hearing evidence relating to the four offenses, the juvenile court adjudged EDC delinquent on the theft, unauthorized entry and remaining after forbidden charges and sentenced him to the custody of the Department of Corrections rather than probation. EDC appeals two of the delinquency adjudications and the disposition of custody imposed by the juvenile court. EDC argues that the evidence was insufficient for the adjudication of both the unauthorized entry of a place of business and the charge of remaining after being forbidden. He further argues that the unauthorized entry of a place of business adjudication should be reversed due to the [574]*574juvenile court’s inappropriate reference to his silence. EDC also complains that the juvenile court abused its discretion in failing to afford him an opportunity to perform on probation and in conducting a statutorily deficient disposition hearing.

Discussion

The unique nature of the juvenile system is manifested in its noncriminal, or ‘civil’ nature, its focus on rehabilitation and individual treatment rather than retribution, and the state’s role as parens patriae in managing the welfare of the juvenile in state custody. State ex rel. D.J., 01-2149 (La.5/14/02), 817 So.2d 26. The purpose of the Louisiana delinquency proceedings is to accord due process to each child who is accused of having committed a delinquent act and, except as provided for in La. Ch. C. art. 897.1, to insure that he shall receive, preferably in his own home, the care, guidance, and control that will be conducive to his welfare Land the best interests of the state and that in those instances when he is removed from the control of his parents, the court shall secure for him care as nearly as possible equivalent to that which the parents should have given him. La. Ch. C. art. 801. The provisions of the Louisiana Children’s Code govern and regulate delinquency proceedings, but where procedures are not provided, the court shall proceed in accordance with the Louisiana Code of Criminal Procedure. La. Ch. C. art. 803. All rights guaranteed to criminal defendants by the Constitution of the United States or the Constitution of Louisiana, except the right to jury trial, shall be applicable in juvenile court delinquency proceedings. La. Ch. C. art. 808.

In order for the court to adjudicate a child delinquent, the state must prove beyond a reasonable doubt that the child committed a delinquent act alleged in the petition. La. Ch. C. art. 883. In a juvenile case, the reviewing court is constitutionally compelled to review both facts and law. La. Const, art. 5, § 10(A) and (B). However, the reviewing court must recognize that the juvenile judge observed the conduct and demeanor of the witnesses and was in the best position to determine credibility and weigh the evidence. Therefore, this court grants great deference to the juvenile court’s factual findings and credibility determinations and assessment of the weight of particular testimony. State v. S.B., 31,264 (La-App. 2d Cir.9/25/98), 719 So.2d 1121. Not only does the standard of review in Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979) apply to juvenile delinquency adjudicatory hearings, but our state constitution mandates that we determine, after reviewing the record evidence, whether the juvenile |4court was clearly wrong in its fact-findings. State ex rel. K.G., 34,535 (La.App. 2d Cir.1/24/01), 778 So.2d 716; State v. Redd, 445 So.2d 126 (La.App. 2d Cir.1984). See discussion, State in Interest of Cason, 438 So.2d 1130 (La.App. 2d Cir.1983).

The Jackson standard is applicable in cases involving both direct and circumstantial evidence. An appellate court reviewing the sufficiency of the evidence in such cases must resolve any conflict in the direct evidence by viewing that evidence in the light most favorable to the prosecution. When the direct evidence is thus viewed, the facts established by the direct evidence and inferred from the circumstances established by that evidence must be sufficient for a rational trier of fact to conclude beyond a reasonable doubt that the defendant was guilty of every essential element of the crime. State v. Sutton, 436 So.2d 471 (La.1983); State v. Owens, 30,903 (La.App. 2d Cir.9/25/98), 719 So.2d 610, writ denied, 98-2723 (La.2/5/99), 737 So.2d 747. In the absence of internal contradiction or [575]*575irreconcilable conflict with physical evidence, the testimony of one witness, if believed by the trier of fact, is sufficient support for a requisite factual conclusion. State v. Fuller, 32,734 (La.App. 2d Cir.12/17/99), 759 So.2d 104, writ denied, 00-0159 (La.8/31/00), 766 So.2d 1273; State v. Gradick, 29,231 (La.App. 2d Cir.1/22/97), 687 So.2d 1071.

Circumstantial evidence consists of proof of collateral facts and circumstances from which the existence of the main fact may be inferred according to reason and common experience. State v. Lilly, 468 So.2d 1154 (La.1985); State v. Turner, 591 So.2d 391 (La.App. 2d Cir.1991), ñwrit denied, 597 So.2d 1027 (La.1992). For circumstantial evidence to convict, it must exclude every reasonable hypothesis of innocence. La. R.S. 15:438.

Evidence of flight, concealment, and attempt to avoid apprehension indicate consciousness of guilt. State v. Davies, 350 So.2d 586 (La.1977); State v. Lewis, 34,805 (La.App. 2d Cir.6/22/01), 793 So.2d 302.

When a defendant challenges both the sufficiency of evidence and one or more other trial errors, the appellate court should first resolve the sufficiency challenge. State v. Hearold, 603 So.2d 731 (La.1992); State v. Mickens, 31,737 (La.App. 2d Cir.3/31/99), 731 So.2d 463, writ denied, 99-1078 (La.9/24/99), 747 So.2d 1118.

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903 So. 2d 571, 2005 La. App. LEXIS 1237, 2005 WL 1110397, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-edc-lactapp-2005.