State v. Robinson

353 So. 2d 442
CourtLouisiana Court of Appeal
DecidedDecember 20, 1977
Docket6129
StatusPublished
Cited by8 cases

This text of 353 So. 2d 442 (State v. Robinson) 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. Robinson, 353 So. 2d 442 (La. Ct. App. 1977).

Opinion

353 So.2d 442 (1977)

STATE of Louisiana, Plaintiff-Appellee,
v.
Bryan ROBINSON, Defendant-Appellant.

No. 6129.

Court of Appeal of Louisiana, Third Circuit.

December 20, 1977.

*443 Privat & Regan by Thomas K. Regan, Crowley, for defendant-appellant.

*444 Andrew J. Vidrine, Church Point, Phillip J. Chappuis, II, Crowley, for plaintiff-appellee.

Before HOOD, CULPEPPER and GUIDRY, JJ.

HOOD, Judge.

Two petitions were filed in the Crowley City Court, sitting as a juvenile court, seeking to have Bryan Robinson, a juvenile, decreed to be a neglected or delinquent child, or a child in need of supervision. In each petition it is alleged as a basis for the relief sought that the child committed a crime. Later, both petitions were amended to allege that he committed the crime of criminal mischief, a less serious offense, in each instance. At a hearing held on those petitions, Bryan pleaded guilty to the amended or reduced charges of criminal mischief.

The trial judge then rendered judgment decreeing: (1) That the custody of Bryan be removed from the mother and given to the Division of Youth Services to be placed in a proper institution; (2) that the child remain under the supervision of the Division of Youth Services until further orders of the court; (3) that the Division of Youth Services shall render written periodic reports on the progress of the juvenile; and (4) that Bryan remain in the custody of his mother until the Division of Youth Services has obtained placement for him in a proper institution or boys' home.

The juvenile, through his court-appointed counsel, appealed from that judgment.

Several issues are presented. One of them is whether the juvenile court had jurisdiction over Bryan in the case, or had authority to render the judgment appealed from, since it did not specifically find that the juvenile was a neglected child, or a delinquent child, or a child in need of supervision, as provided in LSA-R.S. 13:1580.

The pertinent parts of LSA-R.S. 13:1580 provide:

"If the court shall find that a child is within the purview of R.S. 13:1561 through 13:1592, it may adjudge the child to be a neglected child or delinquent child as defined in La.R.S. 13:1569 or a child in need of supervision. The court in its judgment may proceed as follows:
"(1) Place the child on probation or under supervision in his own home or in the care or custody of a suitable person elsewhere, upon such conditions as the court shall determine.
"(2) Assign the custody of the child to a public or private institution or agency authorized to care for children or to place them in family homes, provided that only those juveniles adjudicated delinquents may be committed to the Louisiana Department of Corrections unless the reason for the adjudication of delinquency was the commission of a delinquent act which would have been a felony if committed by an adult, in which case a child under the age of thirteen may be committed to the Louisiana Department of Corrections. In committing a child to a private institution or agency, the court shall select one that is approved by the division of family services. Where no institution, social agency or association approved by the state department of public welfare for the care or placement of children is available to the court, the court may commit the child to some other institution, social agency or association, which, in the judgment of the court, is suitable for the care of such child." (Emphasis added).

A "delinquent child" is defined in LSA-R.S. 13:1569 as "a child who has committed a delinquent act and is in need of rehabilitation." A "delinquent act" is defined in the same section of the Revised Statutes as "an act designated as a crime under the statutes or ordinances of this state."

When delinquency is alleged, the petition must set forth the facts constituting the delinquent act or acts, and if a violation of law is the basis for filing the petition, the petition must cite the statute or municipal ordinance which the child is alleged to have violated. LSA-R.S. 13:1574; Interest of Garcia, 325 So.2d 364 (La.App. 4 Cir. 1976).

*445 Originally, in one of the above petitions the petitioner alleged that Bryan was an accessory after the fact to a burglary, in violation of LSA-R.S. 14:25, and he sought to have him decreed to be "neglected" and "a child in need of supervision." In the other petition he alleged that the juvenile attempted to commit simple burglary, in violation of LSA-R.S. 14:27, and he sought to have him adjudged to be a "delinquent" child.

At a hearing held on December 29, 1976, the allegations of both petitions were amended to charge that in each instance Bryan committed criminal mischief, in violation of LSA-R.S. 14:59, instead of the offenses originally alleged. The offense known as "criminal mischief" is designated as a crime under the statutes of this state, although the maximum punishment authorized for committing that offense is substantially less severe than that authorized for committing either of the crimes with which Bryan was originally charged. The commission of the crime of criminal mischief nevertheless constitutes a "delinquent act" under LSA-R.S. 13:1569.

Bryan's mother consented to the amendment of the original pleadings which reduced the charges against him. The boy thereupon, with the consent of his mother, pleaded guilty to the two charges of criminal mischief.

The trial judge then ordered that a pre-sentence investigation be made by the Division of Youth Services. After receiving a report of that investigation, another hearing was held on February 24, 1977, and at that time the judge rendered the judgment which is before us for review on this appeal.

The juvenile involved here, Bryan, was 12 years of age when the above offenses were committed and when the judgment appealed from was rendered. His mother and his court-appointed attorney were present with him at every hearing held in this matter.

The judgment appealed from does not specifically adjudge Bryan to be a neglected child, or a delinquent child, or a child in need of supervision. The preamble of the judgment, however, reads as follows:

"A juvenile hearing was held on February 24th, 1977. The purpose of said hearing was to sentence the juvenile, BRYAN ROBINSON, on two charges of criminal mischief, to which the juvenile plead guilty on December 29th, 1976."

Counsel for Bryan contends that the trial court was "powerless to act to deprive this mother of custody of him and . . . to place him in the custody of another institution or agency," since the judgment rendered by the court "makes no specific finding as to the delinquency and neglect or the need for the supervision of the child." The appellant's argument, as we understand it, is that the words "neglected" or "delinquent" or "in need of supervision" are sacramental, and that the juvenile court is without jurisdiction in a case of this kind unless the court specifically decrees in the judgment rendered by it that the juvenile is a neglected child, or a delinquent child, or a child in need of supervision.

We do not agree with that argument. Our ultimate conclusion is that the juvenile court did, and does, have jurisdiction over the juvenile in this case, and that it thus had authority to render the judgment which is now before us on appeal.

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Bluebook (online)
353 So. 2d 442, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-robinson-lactapp-1977.