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State ex rel. K.K.

Court of Appeal of Louisiana, Third Circuit

December 17, 2014

STATE IN THE INTEREST OF K.K

APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT, PARISH OF LAFAYETTE, DOCKET NO. 2013 JC 1110. HONORABLE HERMAN CLAUSE, DISTRICT JUDGE.

Jane Hogan, Lafayette, LA, ATTORNEY FOR APPELLANT, K.K.

Michelle M. Breaux, Assistant District Attorney, Lafayette, LA, ATTORNEY FOR APPELLEE, State of Louisiana.

Court composed of Sylvia R. Cooks, Marc T. Amy, and John E. Conery, Judges.

OPINION

[14-479 La.App. 3 Cir. 1] Cooks, J.

FACTS AND PROCEDURAL HISTORY

On December 6, 2013, K.K.[1] was charged by petition with one count of illegal possession of a handgun by a juvenile, a violation of La.R.S. 14:95.8, possession with intent to distribute marijuana, a violation of La.R.S. 40:966, and illegal possession of a stolen firearm, a violation of La.R.S. 14:69.1. K.K. entered a denial to the charge on December 18, 2013. On January 6, 2014, he filed a Motion to Quash Count One of the petition on the

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grounds of double jeopardy. The trial court denied the motion on February 6, 2014. K.K. filed a writ application in this court seeking review of the trial court's ruling. On February 19, 2014, in State in the Interest of K.K., 14-202 (La.App. 3 Cir. 2/19/14) (unpublished opinion), this court denied K.K.'s writ application finding no error in the trial court's ruling. Judge Genovese dissented. K.K. filed a writ application with the Louisiana Supreme Court, and on March 12, 2014, the court denied the application, with three justices voting to grant the application. State in the Interest of K.K., 14-424 (La. 3/12/14), 134 So.3d 1183. A request for reconsideration was not considered by the supreme court. State in the Interest of K.K., 14-424 (La. 3/21/14), 135 So.3d 626.

Thereafter, on March 24, 2014, K.K. entered an admission to the petition and was sentenced to a six month suspended sentence with six months of supervised probation. He is now before this court alleging two assignments of error. We find two errors patent requiring reversal of the disposition in this case.

ANALYSIS

Although the Louisiana Children's Code is silent as to whether a juvenile delinquency proceeding is entitled to an error patent review, this court has found [14-479 La.App. 3 Cir. 2] that such a review is mandated by La.Ch.Code art. 104 and La.Code Crim.P. art. 920. See State in the Interest of J.C.G., 97-1044 (La.App. 3 Cir. 2/4/98), 706 So.2d 1081.

The petition charged K.K. with illegal possession of a handgun by a juvenile, a violation of La.R.S. 14:95.8, possession with the intent to distribute marijuana, a violation of La.R.S. 40:966, and illegal possession of a stolen firearm, a violation of La.R.S. 14:69.1. K.K. entered an admission " to Docket Number 2013-1110." It cannot be determined from the record which offense or offenses he entered the admission to considering there were three offenses contained in the petition. The written " Admission to Petition" form signed in this case does not refer to any particular offense or offenses, nor does it recite any factual basis for the offenses charged. When K.K. entered his plea in open court there was no mention of the factual basis for any of the three offenses charged and no mention of what offense(s) to which he was entering an admission. K.K.'s attorney simply said " At this time, [K.K.] wishes to enter an admission to Docket Number 2013-1110." She then set forth the agreed upon sentence. A single disposition was imposed.

This court faced a similar issue in State in the Interest of N.W.L., 08-347, pp. 1-2 (La.App. 3 Cir. ...


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