State, in Interest of Garner

484 So. 2d 149
CourtLouisiana Court of Appeal
DecidedJanuary 13, 1986
DocketCR85-350
StatusPublished
Cited by8 cases

This text of 484 So. 2d 149 (State, in Interest of Garner) 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, in Interest of Garner, 484 So. 2d 149 (La. Ct. App. 1986).

Opinion

484 So.2d 149 (1986)

STATE of Louisiana In the Interest of Donna Annette GARNER.

No. CR85-350.

Court of Appeal of Louisiana, Third Circuit.

January 13, 1986.
Rehearing Denied February 18, 1986.

*150 William D. Dyess, Many, for defendant-appellant.

Don M. Burkett, Dist. Atty., Many, for plaintiff-appellee.

*151 Before STOKER, DOUCET and KNOLL, JJ.

KNOLL, Judge.

The Eleventh Judicial District Court of Sabine Parish, sitting in its capacity as the juvenile court, adjudicated Donna Annette Garner a juvenile delinquent after she admitted to the delinquent act of possession of marijuana with intent to distribute, a violation of LSA-R.S. 40:966(A)(1). In its judgment of commitment, the court ordered that Donna be placed in the custody of the Louisiana Department of Corrections, Youth Division, which is confinement served at the Louisiana Training Institute (LTI), for a period of time not to exceed her 21st birthday.[1] Donna seeks a reversal of her commitment contending the juvenile court erred: (1) in failing to properly apply the sentencing guidelines set forth in LSA-C.Cr.P. Art. 894.1; (2) in failing to state for the record the considerations taken into account, and the factual basis therefor, in imposing sentence as required by LSA-C. Cr.P. Art. 894.1(C); and (3) in imposing an excessive sentence. For the following reasons, we vacate and set aside the commitment and remand for re-disposition.

FACTS

In April 1984, Donna, who was fifteen years of age, sold four marijuana cigarettes for $5 to an undercover agent in Zwolle. She testified that her older sister, Karen Garner, nineteen years of age, gave her the marijuana cigarettes, but her sister did not tell her from whom she obtained the marijuana.

SENTENCING GUIDELINES

Donna contends the juvenile court failed to apply the sentencing guidelines of C.Cr.P. Art. 894.1 and failed to state the considerations taken into account in its disposition.

The juvenile court is not required to follow C.Cr.P. Art. 894.1 in the disposition of a juvenile, but may apply the general disposition guidelines set forth in C.J.P. Art. 86. State In Interest of Brown, 385 So.2d 382 (La.App. 1st Cir.1980). In the present case, the juvenile court chose to use the specific guidelines of C.Cr.P. Art. 894.1 in its evaluation of the general principles of LSA-C.J.P. Art. 86.

C.J.P. Art. 86 provides in pertinent part:
"A. The court should impose the least restrictive disposition which the court finds is consistent with the circumstances of the case, the needs of the child, and the best interest of society. The court shall not remove a child from the custody of his parents unless his welfare or the safety and protection of the public cannot, in the opinion of the court, be adequately safeguarded without such removal."

Although C.J.P. Art. 86 does not specify that the record shall contain a particularization of the facts supporting the juvenile commitment, the record must nonetheless provide us with criteria with which to evaluate the disposition in terms of C.J.P. Arts. 83 and 86. State In Interest of George, 430 So.2d 289 (La.App. 3rd Cir.1983). In adult criminal convictions the function of C.Cr.P. Art. 894.1 is to provide the reviewing court with criteria for consideration of whether defendant's sentence has been particularized and whether the sentence is constitutionally excessive. State v. Sepulvado, 367 So.2d 762 (La. 1979). Accordingly, C.Cr.P. Art. 894.1 is not antagonistic to the objectives of C.J.P. Art. 86, and can be utilized as a tool to develop the trial record so that a reviewing court can better evaluate the juvenile *152 court's commitment choice. Therefore, we find it was appropriate, though not required, for the juvenile court to consider Art. 894.1 in the disposition of the juvenile matter before us.

The guidelines in C.Cr.P. Art. 894.1 are more specific than C.J.P. Art. 86 and provide as follows:

"A. When a defendant has been convicted of a felony or misdemeanor, the court should impose a sentence of imprisonment if:
(1) There is an undue risk that during the period of a suspended sentence or probation the defendant will commit another crime;
(2) The defendant is in need of correctional treatment or a custodial environment that can be provided most effectively by his commitment to an institution; or
(3) A lesser sentence will deprecate the seriousness of the defendant's crime.
B. The following grounds, while not controlling the discretion of the court, shall be accorded weight in its determination of suspension of sentence or probation:
(1) The defendant's criminal conduct neither caused nor threatened serious harm;
(2) The defendant did not contemplate that his criminal conduct would cause or threaten serious harm;
(3) The defendant acted under strong provocation;
(4) There was substantial grounds tending to excuse or justify the defendant's criminal conduct, though failing to establish a defense;
(5) The victim of the defendant's criminal conduct induced or facilitated its commission;
(6) The defendant has compensated or will compensate the victim of his criminal conduct for the damage or injury that he sustained;
(7) The defendant has no history of prior delinquency or criminal activity or has led a law-abiding life for a substantial period of time before the commission of the instant crime;
(8) The defendant's criminal conduct was the result of circumstances unlikely to recur;
(9) The character and attitudes of the defendant indicate that he is unlikely to commit another crime;
(10) The defendant is particularly likely to respond affirmatively to probationary treatment; and
(11) The imprisonment of the defendant would entail excessive hardship to himself or his dependents.
C. The court shall state for the record the considerations taken into account and the factual basis therefor in imposing sentence."

In its "Written Reasons for Sentence," the court stated: "In arriving at an appropriate disposition of this matter the Court reviewed the sentencing guidelines of Article 894.1 of the Louisiana Code of Criminal Procedure." (Emphasis added.) Therefore, we conclude that when a juvenile court elects to apply the sentencing guidelines set forth in Article 894.1, as in the case at hand, it must comply with those guidelines.

Donna's family history is tragic. According to the predispositional report, Donna lives at the family home with her two illegitimate children, along with her parents and three other family members, in a run-down wooden frame house that is too small for the number of people living in it. No one in the Garner family works. The family survives on $314 Social Security and $384 in food stamps a month. Donna's peers are not a desirable group. While in the ninth grade, she dropped out of school to have her first baby and thereafter never returned to high school, but enrolled in the adult education program at the trade school to obtain her GED. The predispositional report's evaluation summary and recommendation stated:

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484 So. 2d 149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-in-interest-of-garner-lactapp-1986.