State, in Interest of Wilkerson

542 So. 2d 577, 1989 WL 35336
CourtLouisiana Court of Appeal
DecidedApril 11, 1989
Docket88 KJ 1023-88 KJ 1025
StatusPublished
Cited by23 cases

This text of 542 So. 2d 577 (State, in Interest of Wilkerson) 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 Wilkerson, 542 So. 2d 577, 1989 WL 35336 (La. Ct. App. 1989).

Opinion

542 So.2d 577 (1989)

STATE of Louisiana In the Interest of Juaniski Flanda WILKERSON (Three Cases).

Nos. 88 KJ 1023-88 KJ 1025.

Court of Appeal of Louisiana, First Circuit.

April 11, 1989.

*578 Wiley Dial, Baton Rouge, for plaintiff-appellee State of La.

Donald Johnson, Baton Rouge, for defendant-appellant Juaniski F. Wilkerson.

Before WATKINS, CRAIN and ALFORD, JJ.

CRAIN, Judge.

Juaniski Flanda Wilkerson was alleged to be delinquent in petition number 56139 (KJ 88 1023) in count one based on the commission of aggravated battery, a violation of La.R.S. 14:34, and in count two based on the commission of simple battery, a violation of La.R.S. 14:35, and in petition number 56150 (KJ 88 1024) based on the commission of theft of property valued at less than one hundred dollars, a violation of La.R.S. 14:67. On February 8, 1984, the juvenile and his counsel appeared before the East Baton Rouge Parish Family Court (hereinafter referred to as the juvenile court) and the juvenile withdrew his initial denials of the allegations of the petitions and admitted the truthfulness thereof. The juvenile court accepted the admissions and adjudicated the juvenile delinquent on the basis of the admissions. At the disposition hearing held on March 14, 1984, the juvenile court rendered a judgment of disposition ordering the juvenile's commitment to the Louisiana Department of Corrections for a term of three years. However, the court suspended the commitment and placed the juvenile on supervised probation until the juvenile attained the age of seventeen, subject to certain conditions.

*579 Thereafter, the juvenile was charged by petition number 60270 (KJ 88 1025) with theft of property valued at less than one hundred dollars, a violation of La.R.S. 14:67. At an adjudication hearing held on January 27, 1988, the juvenile was adjudged to be a delinquent on the basis of the charged offense. The state then filed a petition to modify the suspended judgment of disposition previously imposed in regard to petitions numbers 56139 and 56150. The petition requested that the juvenile court revoke the juvenile's probation and order that the juvenile be committed to the Department of Public Safety and Corrections for three years. At a disposition hearing held on February 24, 1988, the juvenile admitted to the factual allegations of the petition to modify the suspended disposition. The juvenile court revoked the suspended three year commitment and ordered that the entire three year term of the commitment be executed. Additionally, in regard to the juvenile's adjudication of delinquency in petition number 60270, the court imposed a disposition for a term of six months in the custody of the Department of Public Safety and Corrections. The juvenile court initially ordered that the dispositions be served concurrently. However, the record reflects that, as the disposition hearing was about to conclude, a scuffle occurred in court between the juvenile and his probation officer.[1] Thereafter, the court amended its judgment of disposition by ordering that the three year commitment and the six month commitment run consecutively. The court also found the juvenile in contempt of court for attacking the probation officer and imposed a sentence of thirty days in parish prison for the contempt. On the following day, as per the pertinent minute entry, the court imposed an additional sentence of thirty days in parish prison for disrupting the court during the disposition hearing.

On appeal, the juvenile briefed four assignments of error:

1. The juvenile court erred in finding that a theft occurred in regard to the charge contained in petition number 60270.

2. The juvenile court erred by amending the judgment of disposition to provide that the three year term of commitment and the six month commitment be served consecutively.

3. The juvenile court erred by sentencing the juvenile for contempt of court without affording him an opportunity to be heard.

4. The juvenile court erred in revoking the juvenile's suspended disposition in petition numbers 56139 and 56150 without giving him credit for the time he had served while on probation.

Because we find patent error requiring reversal of the adjudications and the disposition imposed in reference to petition numbers 56139 and 56150, we pretermit discussion of assignments two and four.

The factual background relative to the charges contained in petition numbers 56139 and 56150 were disclosed during the court proceedings at which the juvenile admitted the truthfulness of the charges. In regard to petition number 56139, charging the juvenile with the aggravated battery of Andrea Knighten and simple battery of Angela Phillips, the juvenile initiated a fight with Angela. During the fight, Andrea tried to assist Angela; and the juvenile picked up a bottle and used it to strike Andrea's head. In regard to the theft charged in petition number 56150, the juvenile stole a portable recorder belonging to a Montgomery Ward Store.

Factual background relating to the June 21, 1987, theft charged in petition number 60270 is revealed by the testimony of Chester Lee Kador. On the date in question, Kador was working as general manager of a retail department store in Baker, Louisiana. While in the store talking to a customer in the accessories department, Kador noticed three young, black males (one of whom was the juvenile) walking into the store. They went directly to the shoe department which is adjacent to the accessories *580 department. Kador's conversation with the customer was interrupted when he observed that the juvenile's "mid section" was protruding as if he had a box or something concealed under his clothes. At the time the juvenile and his companions walked into the store, Kador observed that the juvenile's clothes were not protruding and that neither the juvenile nor his companions were carrying anything in their hands. Upon noticing the bulge in the juvenile's clothes, Kador yelled across the store, telling the juvenile and his companions to "wait a minute." The three of them began to run toward the front door of the store. The two companions exited the front door. However, Kador succeeded in detaining the juvenile at the front door. The two companions reentered the store. At that point, all three youths wanted to exit the store; but Kador announced that he wanted his merchandise. The juvenile asked Kador what he was talking about. Kador told the juvenile that it was the merchandise he had under his clothes. The juvenile denied he had any merchandise under his clothes. Kador yelled to one of his clerks to call the police and locked the front door of the store. The juvenile then picked up a trash can and threatened to throw it through the window of the store if Kador did not open the door. Kador told the juvenile that the police were on their way to the store and that if he broke the window he would be arrested for breaking it. The juvenile then walked toward the shoe department, pulled a pair of Puma tennis shoes priced at $19.99 from beneath his clothes, and said, "Here are your tennis shoes, now let me out of the store." At that juncture, the police were arriving. Kador opened the door. The police came inside the store; and the juvenile murmured several times: "[Y]ou got your tennis shoes, now let me go."

On the other hand, the juvenile's testimony related a very different version of the facts. According to the juvenile's version, he went to the store with Wilford Franklin and James Bell. Upon entering the business, they went directly to the shoe department. While they were trying on shoes, Kador locked the door.

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Bluebook (online)
542 So. 2d 577, 1989 WL 35336, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-in-interest-of-wilkerson-lactapp-1989.