State v. In the Interest of Q.U.O.

907 So. 2d 221, 2005 La. App. LEXIS 1748, 2005 WL 1522598
CourtLouisiana Court of Appeal
DecidedJune 29, 2005
DocketNo. 40,052-JAC
StatusPublished
Cited by2 cases

This text of 907 So. 2d 221 (State v. In the Interest of Q.U.O.) 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 v. In the Interest of Q.U.O., 907 So. 2d 221, 2005 La. App. LEXIS 1748, 2005 WL 1522598 (La. Ct. App. 2005).

Opinions

h PEATROSS, J.

After a reversal and remand for new proceedings resulting from this court’s decision in State ex rel. Q.U.O., 39,303 (La.App. 2d Cir.10/27/04), 886 So.2d 1188, the juvenile, Q.U.O., went to trial, was adjudicated a delinquent for simple burglary of an inhabited dwelling and sentenced to secure confinement until age 18. He now appeals. Finding the evidence sufficient to convict, no error in the imposition of sentence and no trial court error in interrogating a witness, the adjudication and disposition are affirmed.

[223]*223 FACTS

After neighborhood children informed Q.U.O.’s mother that he had entered a neighbor’s house and taken items, the mother undertook an investigation of his conduct. She contacted the neighbor, asked about whether a burglary had occurred and police were called to inform them of the misconduct. In a police interview outside the presence of his mother, Q.U.O. admitted the burglary and the taking of items inside the house.

Initially, Q.U.O. was adjudicated delinquent and was sentenced to secure confinement to the age of 21. After finding deficiencies in the Boykin process, the conviction was vacated and the matter was remanded by this court. See State ex rel. Q.U.O., supra. Following trial on remand, Q.U.O. was again adjudicated delinquent, but his sentence was reduced to secure confinement to the age of 18. This appeal ensued.

DISCUSSION

Q.U.O. assigns the following three errors on appeal (verbatim):

1. The trial court erred in imposing a disposition upon Q.U.O. — a fifteen year-old first-time offender — requiring 1 ghis secure juvenile incarceration until the age of [eighteen] for simple burglary of an inhabited dwelling, a violation of La.Rev.Stat. 14:62.2 (West 2005).
2. The trial court erred in adjudicating Q.U.O. delinquent for simple burglary of an inhabited dwelling, a violation of La.Rev.Stat. 14:62.2 (West 2005), based upon insufficient, circumstantial and uncorroborated evidence.
3. The trial court erred in acting as prosecutor and trier of fact in the same proceeding, rendering Q.U.O.’s adjudication hearing fundamentally unfair.

Assignment of error number 2: Insufficiency of evidence to convict

The standard of review of appeal for the sufficiency of the evidence, enunciated in Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979), is whether, viewing the evidence in the light most favorable to the prosecution, a rational trier of fact could have found that the state proved the essential elements of the crime beyond a reasonable doubt. This standard applies to juvenile delinquency cases. State ex rel. R.T., 00-0205 (La.2/21/01), 781 So.2d 1239; and State v. Interest of W.T.B., 34,269 (La.App. 2d Cir.10/20/00), 771 So.2d 807.

When issues are raised on appeal both as to the sufficiency of the evidence and as to one or more trial errors, the reviewing court should first determine the sufficiency of the evidence. The reason for reviewing sufficiency first is that the accused may be entitled to an acquittal under Hudson v. Louisiana, 450 U.S. 40, 101 S.Ct. 970, 67 L.Ed.2d 30 (1981), if a rational trier of fact, viewing the evidence in accord with Jackson v. Virginia, supra, in the light most favorable to the prosecution, could not reasonably conclude that all of the elements of the offense have been proved beyond a reasonable doubt. State v. Hearold, 603 So.2d 731 (La.1992); State v. Bosley, 29,253 (La.App. 2d Cir.4/2/97), 691 So.2d 347, writ denied, 97-1203 (La.10/17/97), 701 So.2d 1333. This standard, now legislatively embodied in La. C. Cr. P. art. 821, does not provide the appellate court with a vehicle to substitute its own appreciation of the evidence for that of the fact finder. State v. Robertson, 96-1048 (La.10/4/96), 680 So.2d 1165. The appellate court does not assess the credibility of witnesses or reweigh evidence. [224]*224State v. Smith, 94-3116 (La.10/16/95), 661 So.2d 442.

The evidence shows that the burglary-victim, Karen Starr, and the mother of the juvenile were conversing on the telephone. Q.U.O.’s mother asked if there was anything missing from her house. Ms. Starr testified that her search revealed that CDs, condoms, alcohol and sodas were missing from the house. She reported these events to law enforcement. She recovered some of the CDs that were taken, returned by the juvenile’s mother. This witness was at best reluctant, not wanting the juvenile to be punished further for any misconduct. She had signed an affidavit attempting to drop charges against the juvenile.

Deputy Michael Hodges testified that, after Ms. Starr complained of a break-in, he went to investigate. He was given Q.U.O.’s name as a suspect and as the person who had previously broken into her house. Deputy Hodge advised Q.U.O. of his Miranda rights and allowed him to speak to his mother, after which the juvenile admitted taking some alcohol from the residence, but told the officer he had borrowed the CDs in question from the sister of the homeowner. Except for a bottle of alcohol found by Deputy 14Hodge “behind a tree outside the suspect’s home,” no items were recovered from the burglary. Deputy Hodge did not testify definitively that the alcohol by the tree was that taken from the residence. He testified that he “imagined” that the victim had identified it as such, because he logged it into evidence, but he did not remember for sure.

The State rested on the above two witnesses and the defense then called the mother of the juvenile. She testified that, after being told her son had burglarized a neighbor’s house, she called the neighbor to determine the truth. She testified that none of the stolen items were recovered from her son. She also explained the theory that the CDs were loaned to him by the victim’s sister, without permission, and were not stolen. She further testified that her son did not admit committing the burglary to the officer while she was there, and that, after the police talked to him alone, they told her he had confessed.

The court questioned Q.U.O.’s mother about the circumstances of the confession. She testified that “I know for sure that he told them that he didn’t want to talk, that he didn’t want to talk in front of me.” She later explained to the court that she thought “Well, I think he — for one he knew that I was going to be disappointed in him. You know, he know what I expect of him and he know he wasn’t — he wasn’t right.” The mother then made an impassioned plea (2.5 transcript pages, uninterrupted) relating not to guilt (which she admitted), but relative to her son’s punishment (noting that the previous disposition after the guilty plea was secure detention until age 21).

| ¡^According to La. R.S.

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Bluebook (online)
907 So. 2d 221, 2005 La. App. LEXIS 1748, 2005 WL 1522598, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-in-the-interest-of-quo-lactapp-2005.