Appeal from the The Juvenile Court In and for the Parish of
East Baton Rouge State of Louisiana Trial Court No. 110, 754
Honorable Pamela Taylor Johnson, Judge Presiding
C. Moore, III District Attorney Dale R. Lee Otha Curtis
Nelson, Jr. Assistant District Attorneys Baton Rouge, LA
Attorneys for Plaintiff-Appellee, State of Louisiana
Annette Roach Louisiana Appellate Project Lake Charles, LA
Attorney for Defendant-Appellant, D.L.P.
BEFORE: HIGGINBOTHAM, HOLDRIDGE, AND PENZATO, JJ.
juvenile, D.L.P., was charged by juvenile petition with armed
robbery, a violation of La. R.S. 14:64 (count 2); and simple
battery, a violation of La. R.S. 14:35 (count
She denied the allegations and, following an adjudication
hearing, was adjudicated a delinquent for the charged
offenses. For count 2, the judge ordered the juvenile to be
committed to the custody of the Department of Public Safety
and Corrections for two years without benefit of parole,
probation, or suspension of sentence; for count 3, the judge
ordered the juvenile to be committed to the custody of the
Department of Public Safety and Corrections for six months.
The judge ordered the terms of commitment to run
concurrently. D.L.P. now appeals, designating one assignment
December 9, 2016, M.W. got off his school bus and walked to his
home on Wright Drive in Baton Rouge. He did not have his
house keys, so he called his mother, then sat under his
carport and waited. Two people, whom M.W. had never seen,
approached M.W., whom M.W. later identified as North Banks
Middle School students D.C. and D.L.P. D.C. asked to use
M.W.'s cell phone. M.W. said he would not give D.C. his
phone but he would make the call for him (D.C). Twice, D.C.
gave numbers to M.W., which he called but no one answered.
After a few more words were exchanged, D.C. pulled a gun and
told M.W. to give him his phone. When M.W. refused, D.L.P.
attacked him. D.L.P. hit M.W. on the head, knocking him to
the ground. D.L.P. then grabbed the phone from M.W.'s
hand, and D.C. and D.L.P. ran off. Later that same day, M.W.
identified the two people that robbed him by viewing pictures
of them on their Instagram accounts.
did not testify.
sole assignment of error, D.L.P. argues there was
insufficient evidence to adjudicate her delinquent for the
offenses of armed robbery and simple battery. Specifically,
D.L.P. contends the State failed to prove her identity as one
of the perpetrators.
juvenile adjudication proceeding, the State must prove beyond
a reasonable doubt that the child committed a delinquent act
alleged in the petition. La. Ch. Code art. 883. The burden of
proof, beyond a reasonable doubt, is no less severe than the
burden of proof required in an adult proceeding. State in
Interest of S.T., 95-2187 (La.App. 1st Cir. 6/28/96),
677 So.2d 1071, 1074.
State in Interest of Giangrosso, 385 So.2d 471, 476
(La.App. 1st Cir. 1980), affirmed, 395 So.2d 709
(La. 1981), we stated:
In juvenile proceedings, the scope of review of this court
extends to both law and fact. Article 5, Section 10,
Constitution of 1974; see State in Interest of
Batiste, 367 So.2d 784 (La. 1979). We must, therefore,
decide if the trial judge was clearly wrong in his