State ex rel. L.D.

139 So. 3d 679, 14 La.App. 3 Cir. 01, 2014 WL 1818762, 2014 La. App. LEXIS 1202
CourtLouisiana Court of Appeal
DecidedMay 7, 2014
DocketNo. 14-01
StatusPublished
Cited by3 cases

This text of 139 So. 3d 679 (State ex rel. L.D.) 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. L.D., 139 So. 3d 679, 14 La.App. 3 Cir. 01, 2014 WL 1818762, 2014 La. App. LEXIS 1202 (La. Ct. App. 2014).

Opinions

GENOVESE, Judge.

Lin this juvenile matter, the juvenile, L.D.,1 appeals his adjudication of having committed unauthorized use of a movable, alleging violations of the time limitations set forth in the Louisiana Children’s Code without good cause. For the following reasons, we affirm his adjudication as amended herein with instructions.

FACTS AND PROCEDURAL HISTORY

In the early morning hours of September 1, 2013, Ashlee Romero noticed that her 2012 white Kia Optima was missing from the parking lot of her apartment complex in Lafayette, Louisiana, and she contacted the police. Two days later, the vehicle was spotted by the police, pulled over, and L.D., the driver of the vehicle, was detained. Ms. Romero had not given L.D. permission to use her car.

On September 5, 2013, L.D. was charged by juvenile delinquency petition with committing unauthorized use of a movable, a violation of La.R.S. 14:68. On the day prior, the juvenile court judge found probable cause to continue L.D. in custody and set his answer hearing for October 2, 2013. At the answer hearing, L.D. denied the allegations in the petition. Additionally, L.D.’s counsel objected to the untimeliness of the hearing and asked that L.D. be released. The juvenile court judge overruled the objection, finding good cause for the untimeliness of the answer hearing due to the court’s own schedule. Thereafter, on October 14, 2013, L.D.’s counsel filed a written Motion for Release and Dismissal, alleging that L.D. should be released and the petition dismissed because the answer and adjudication hearings were untimely. Prior to L.D.’s adjudication hearing on October 23, 2013, 12his counsel orally argued his Motion for Release and Dismissal. The juvenile court judge denied the motion, again finding good cause for the delay had been shown.

At the adjudication hearing, the juvenile court judge found that the State had proved beyond a reasonable doubt that L.D. committed unauthorized use of a movable. He ordered a Pre-Disposition Investigation Report and set L.D.’s disposition hearing for November 18, 2013. Subsequently, at the disposition hearing, the juvenile court judge ordered that L.D. be placed in the custody of the Office of Juvenile Justice for a period of two years, with a recommendation that he be placed in a non-secure facility. L.D. has appealed the denial of his Motion for Release and Dismissal.

STANDARD OF REVIEW:

In State in the Interest of J.B. & G.M., 03-587 (La.App. 4 Cir. 12/10/03), 863 So.2d 669, our brethren of the fourth circuit applied an abuse of discretion standard in reviewing whether the juvenile court judge erred in denying a motion to [681]*681dismiss for failing to timely hold adjudication hearings. Accordingly, we find the abuse of discretion standard of review applicable to the instant case.

ERRORS PATENT

Although the Louisiana Children’s Code is silent as to whether a juvenile criminal proceeding is entitled to an error patent review, this court has found that such a review is mandated by La.Ch.Code art. 104 and La.Code Crim.P. art. 920. See State in the Interest of J.C.G., 97-1044 (La.App. 3 Cir. 2/4/98), 706 So.2d 1081. After reviewing the record, we note three errors patent.

First, the record does not indicate that L.D. was informed of his rights when he appeared to answer the petition, as required by La.Ch.Code art. 855. Louisiana Children’s Code Article 855 states in pertinent part:

|SA. When the child appears to answer the petition, the court shall first determine that the child is capable of understanding statements about his rights under this Code.
B. If the child is capable, the court shall then advise the child of the following items in terms understandable to the child:
(1) The nature of this delinquency proceeding.
(2) The nature of the allegations of the petition.
(3) His right to an adjudication hearing.
(4) His right to be represented by an attorney, his right to have counsel appointed as provided in Article 809, and his right in certain circumstances authorized by Article 810 to waive counsel.
(5) His privilege against self-incrimination.
(6) The range of responses authorized under Article 856.
(7) The possible consequences of his admission that the allegations are true, including the maximum and minimal dispositions which the court might impose pursuant to Articles 897 through 900.

In State in the Interest of K.G., 34,535 (La.App. 2 Cir. 1/24/01), 778 So.2d 716, the court failed to advise the juvenile of the enumerated rights in La.Ch.Code art. 855 when he appeared to answer the allegations of the delinquency petition. In determining that the error was harmless, the appellate court noted that the juvenile was represented by counsel and pled not guilty. See also State in the Interest of J.G., 94-194 (La.App. 5 Cir. 7/26/94), 641 So.2d 633. Likewise, in the present case, L.D. was represented by counsel and entered a denial to the allegations contained in the petition. Therefore, we find the error that occurred in failing to apprise L.D. of his rights pursuant to La.Ch.Code art. 855 is harmless.

Second, we note that the juvenile court judge failed to inform L.D. of the two-year prescriptive period for filing post-conviction relief as required by La. Code Crim.P. art. 930.8. Although the Louisiana Children’s Code contains no 14 similar provision, this court has previously held that this notice should be given. State in the Interest of B.A., 12-659 (La.App. 3 Cir. 12/19/12), 104 So.3d 833; State in the Interest of J.F., 03-321 (La.App. 3 Cir. 8/6/03), 851 So.2d 1282. Therefore, we order the juvenile court judge to inform L.D. of the provisions of La.Code Crim.P. art. 930.8 by sending appropriate written notice to him within thirty days of the rendition of this opinion and to file written proof of same in the record.

Third, the record before this court does not indicate that the juvenile court [682]*682judge gave L.D. credit for time spent in secure detention, if any, prior to the imposition of disposition, as required by La.Ch. Code art. 900. See State in the Interest of J.F., 851 So.2d 1282. Accordingly, we amend L.D.’s disposition to give him credit for time served in a secure detention facility before the imposition of disposition, if any, and instruct the juvenile court judge to note the amendment in the written disposition and in the minute entry. See State ex rel. M.M., 06-607 (La.App. 3 Cir. 11/2/06), 941 So.2d 716.

ASSIGNMENTS OF ERROR

On appeal, L.D. sets forth the following assignments of error for our review:

The juvenile judge erred in setting the initial answer hearing outside the time limitations set forth in La.[Ch.] Code art. 854 and in finding that good cause existed to delay the appearance to answer in this case.
The juvenile judge erred in denying L.D.’s Motion for Release and Dismissal.

ISSUES ON APPEAL:

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Cite This Page — Counsel Stack

Bluebook (online)
139 So. 3d 679, 14 La.App. 3 Cir. 01, 2014 WL 1818762, 2014 La. App. LEXIS 1202, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-ld-lactapp-2014.