State ex rel. S.C.J.

28 So. 3d 1206, 9 La.App. 3 Cir. 1272, 2010 La. App. LEXIS 146
CourtLouisiana Court of Appeal
DecidedFebruary 3, 2010
DocketNo. 09-1272
StatusPublished
Cited by3 cases

This text of 28 So. 3d 1206 (State ex rel. S.C.J.) 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. S.C.J., 28 So. 3d 1206, 9 La.App. 3 Cir. 1272, 2010 La. App. LEXIS 146 (La. Ct. App. 2010).

Opinion

GENOVESE, Judge.

liOn July 22, 2009, the State filed a petition charging the juvenile, S.C.J.,1 with armed robbery with the use of a firearm and attempted second degree murder. An adjudication hearing was held on August 31, 2009, and the trial court found that the juvenile committed attempted armed robbery and attempted second degree murder.

A disposition hearing was held on September 18, 2009, and the trial court ordered that the juvenile be placed with the “Department” for a period not to exceed two years in a non-secure or secure facility. Additionally, the trial court ordered a psychological evaluation and ordered that the juvenile be brought before the court on January 11, 2010, for reevaluation. S.C.J. appeals the adjudications and disposition.

For the following reasons, we affirm the trial court’s adjudications, vacate the disposition, and remand for the imposition of new and separate dispositions.

FACTS

On June 22, 2009, the victim, twenty-one-year-old Demetrius Mitchell (Demetrius), stole a compact disc (CD) player from [1208]*1208S.C-J.’s car. Later that night, while at his home, Demetrius received a call from S.C.J. who told him that he had a bullet with his name on it and that he needed to pay him $200.00. Demetrius gave the CD player to his grandmother, and she returned it.

The next day, Samekia Ceasar (Same-kia) called Demetrius to come to her house to look at some puppies. While looking at the puppies in Samekia’s backyard, Demetrius saw S.C.J. and S.CJ.’s brother, Josh, coming toward him. S.C.J. cocked the gun he was holding and said, “Where [sic] my money at?” or “You got my money?” S.C.J.’s brother punched Demetrius, and Demetrius grabbed him. S.C.J. |2hit Demetrius on the head with a metal object, and Demetrius heard “Pow.” A single bullet struck Demetrius’ arm and back. S.C.J. and his brother fled. Demetrius testified that the brothers patted down his pockets and asked “where is my money,” but they did not take anything because he did not have anything.

ASSIGNMENTS OF ERROR

S.C.J. assigns the following errors:

1) The evidence introduced at the adjudication hearing of this case when viewed under the Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979) standard, was insufficient to prove all of the elements of the offense of attempted second degree murder beyond a reasonable doubt.
2) The evidence introduced at the adjudication hearing of this case when viewed under the Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979) standard, was insufficient to prove all of the elements of the offense of attempted armed robbery beyond a reasonable doubt.
3) Alternatively, prosecution of both attempted second degree murder and the underlying offense of armed robbery violated the Double Jeopardy Clause.
4) The record does not contain a written judgment of disposition as is required by the Children’s Code.

Assignments of Error Numbers 1 and 2:

S.C.J. asserts that the evidence presented by the State was insufficient to support the adjudications.

In State ex rel. J.M., 99-136, pp. 2-3, (La.App. 3 Cir. 6/2/99), 742 So.2d 6, 7, this court held in pertinent part:

In a case involving a juvenile, the State has the burden of proving, beyond a reasonable doubt, the commission of the alleged delinquent act. La.Ch.Code art. 883. This burden of proof is no less strenuous than that required in the criminal proceeding against an adult. State In Interest of Tatom, 463 So.2d 35 (La.App. 5 Cir.1985). On review, the standard for due process, fashioned by the United States Supreme Court in Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979), is applicable to determine whether the evidence was sufficient to support an adjudication of delinquency in a Juvenile matter. State In Interest of T.L., 514 So.2d 217 (La.App. 5 Cir.1987). Essentially, while we review whether the evidence in support of the adjudication of a Juvenile is sufficient[,] we must determine, viewing the evidence in a light most favorable to the prosecution, whether any rational trier of fact could find from the evidence adduced, proof of guilt beyond a reasonable doubt. State In Interest of Wilkerson, 542 So.2d 577 (La.App. 1 Cir.1989). Furthermore, it is well settled that appellate review in juvenile delinquency proceedings extends [1209]*1209to both law and facts. La. Const. Art. V, § 10(B) (1974); State In Interest of Batiste, 367 So.2d 784 (La.1979). In Wilkerson, 542 So.2d 577, 581 [citations omitted], the court stated:
In a juvenile case, when there is evidence before the trier of fact that, upon its reasonable evaluation of credibility, furnished a factual basis for its finding, on review the appellate court should not disturb this factual finding in the absence of manifest error. Reasonable evaluation of credibility and reasonable inferences of fact should not be disturbed upon review.

Louisiana Revised Statutes 15:438 provides “[t]he rule as to circumstantial evidence is: assuming every fact to be proved that the evidence tends to prove, in order to convict, it must exclude every reasonable hypothesis of innocence.”

Attempted Armed Robbery

In State v. Stone, 615 So.2d 38, 40 (La.App. 3 Cir.), writ denied, 623 So.2d 1302 (La.1993) (emphasis added), this court explained in pertinent part:

To prove an attempted armed robbery, the State had to prove that the defendant 1) had a specific intent to commit the crime of armed robbery, and 2) did an act for the purpose of and tending directly toward the commission of the crime of armed robbery. State v. Clay, 576 So.2d 1099 (La.App. 3d Cir.), writ denied, 580 So.2d 669 (La.1991).
Article 14:64 requires: 1) a taking, 2) of anything of value, 3) belonging to another, 4) from the person of another or from his immediate control, 5) by use of force or intimidation, 6) while armed with a dangerous weapon.
Intent is a state of mind which need not be proven as a fact, but may be inferred from the facts and circumstances of the transaction and the actions of the defendant. State v. Boyer, 406 So.2d 143 (La.1981). Specific intent is an ultimate legal conclusion to be resolved by the trier of fact. State v. Graham, 420 So.2d 1126 (La.1982).
The above evidence does not prove, beyond a reasonable doubt, that defendant possessed the intent to take anything from the store. To convict of attempted armed robbery, there must be sufficient evidence to establish the intent to take something of value even though the act of taking need not be established.

S.C.J. argues that the evidence shows that he attempted to reclaim the money owed to him by the victim and that he did not attempt to rob the victim. In S.CJ.’s brief to this court, counsel points out that “S.C.J.

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Cite This Page — Counsel Stack

Bluebook (online)
28 So. 3d 1206, 9 La.App. 3 Cir. 1272, 2010 La. App. LEXIS 146, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-scj-lactapp-2010.