State Of Louisiana in the Interest of T.T.

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2022 KW 0297

IN THE INTEREST OF T. T. MARCH 30, 2022

In Re: T. T., applying for supervisory writs, Juvenile Court,

Parish of East Baton Rouge, No. 115732.

BEFORE: McCLENDON, WELCH, AND THERIOT, JJ.

WRIT DENIED.

PMc MRT

Welch, J., dissents. I find the evidence presented at the revocation hearing was insufficient to prove that the juvenile violated the condition to refrain from committing any further delinquent acts, or the condition to refrain from owning or

possessing a knife, firearm, or any weapon. See State v. Fields, 95- 2481 ( La. App. lst Cir. 12/ 20/ 96), 686 So. 2d 107, 110; State in Interest of Wright, 387 So. 2d 75, 78 ( La. App. 4th Cir.), remanded on other grounds, 391 So. 2d 456 ( La. 1980). Further, as

it is unclear from the juvenile court' s ruling whether the court improperly considered those alleged violations in deciding to revoke the juvenile' s probation, I would vacate the ruling revoking the juvenile' s probation and remand this matter to the juvenile court to reconsider whether revocation is warranted

based on the remaining violations of the two conditions of

probation - to refrain from illegal drug use and to observe a 6

p. m. curfew - which were not disputed. See State v. Rochelle, 38, 633 ( La. App. 2d Cir. 6/ 23/ 04), 877 So. 2d 250, 258.

COURT OF APPEAL, FIRST CIRCUIT

TY CLERK OF COUR FOR THE COURT