Appeal from the Juvenile Court for the Parish of East Baton
Rouge State of Louisiana No. JU111272 The Honorable Pamela
Taylor Johnson, Judge Presiding
Katherine M. Franks Louisiana Appellate Project Madisonville,
LA Attorney for Appellant J.J.
C. Moore, III District Attorney Otha "Curtis"
Nelson Monisa L. Thompson Assistant District Attorneys Baton
Rouge, LA Attorneys for Appellee State of Louisiana
BEFORE: HIGGINBOTHAM, HOLDRIDGE, AND PENZATO, JJ.
eleven-year-old juvenile, J.J., was alleged to be delinquent
according to petition number 111, 272, filed by the State on
April 21, 2017, pursuant to the Louisiana Children's
Code. The petition was based upon the alleged commission of
simple arson, a violation of La. R.S. 14:52 (count one);
criminal trespass, a violation of La. R.S. 14:63 (count two);
and unauthorized entry of a place of business, a violation of
La. R.S. 14:62.4 (count three). The juvenile entered a denial
to the allegations. Following an adjudication hearing, the
juvenile moved for judgment of acquittal. The juvenile court
granted the juvenile's motion on counts two and three,
and adjudicated the juvenile as delinquent on count one only.
At the disposition hearing, the juvenile judge deferred
disposition for six months and placed the juvenile on
supervised probation for a period of six months pending final
disposition. Contending that there are no non-frivolous
issues upon which to support the appeal, appellate counsel
filed a brief raising no assignments of error. For the
following reasons, we affirm the juvenile's adjudication
and deferred disposition and grant appellate counsel's
motion to withdraw.
April 18, 2017, Baton Rouge Fire Arson Division Chief
Investigator Darryl Sanders investigated a fire at Glen Oaks
High School, which was undergoing renovations after flooding.
Upon his arrival, two suspects, including the juvenile, were
being detained. Mr. Sanders investigation revealed that two
separate fires were set inside of the school. All accidental
causes were ruled out. Mr. Sanders testified that his
estimation of damages to the school was $10, 000.00. The
juvenile was transported to the Baton Rouge Fire Department
Headquarters for questioning. In the presence of his guardian
and grandmother, the juvenile told Mr. Sanders that he and
another juvenile had been riding bikes in the area of the
school and were "bored." When the two found an open
window, they entered the school and started two fires inside
of boxes using a disposable cigarette lighter. The juveniles
realized that the fires were starting to grow. They retrieved
fire extinguishers and attempted to extinguish the fires, but
the fires were already "out of hand." The juveniles
attempted to flee the scene, but were apprehended.
counsel's brief contains no assignments of error and sets
forth that it is filed to conform with State v.
Jyles, 96-2669 (La. 12/12/97), 704 So.2d 241 (per
curiam). Accordingly, appointed counsel requests to be
relieved from further briefing in this case.
procedure in Anders v. California, 386 U.S. 738, 87
S.Ct. 1396, 18 L.Ed.2d 493 (1967), was discussed in State
v. Benjamin, 573 So.2d 528, 529-31 (La.App. 4th Cir.
1990), sanctioned by the Louisiana Supreme Court in State
v. Mouton, 95-0981 (La. 4/28/95), 653 So.2d 1176, 1177
(per curiam), and expanded by the Louisiana Supreme Court in
Jyles, 704 So.2d at 242. According to
Anders, 386 U.S. at 744, 87 S.Ct. at 1400, "if
counsel finds his case to be wholly frivolous, after a
conscientious examination of it, he should so advise the
court and request permission to withdraw." To comply
with Jyles, appellate counsel must review not only
the procedural history and the facts of the case, but must
also provide "a detailed and reviewable assessment for
both the defendant and the appellate court of whether the
appeal is worth pursuing in the first place."
Jyles, 704 So.2d at 242 (quoting Mouton,
653 So.2d at 1177). When conducting a review for compliance
with Anders, an appellate court must conduct
an independent review of the record to determine whether the
appeal is wholly frivolous.
appellate counsel has adequately complied with the
requirements necessary to file an Anders
brief. Appellate counsel reviewed the juvenile court record,
the procedural history, the adjudication, and the
disposition. Appellate counsel concludes in her brief that
there are no non-frivolous issues for appeal. Further,
appellate counsel certifies that the juvenile was served with
a copy of the Anders brief.
court has conducted an independent review of the entire
record in this matter, including a review for error under
La.C.Cr.P. art. 920(2). We have found no reversible errors
under Article 920(2). Furthermore, we have found no
non-frivolous issues or juvenile court rulings that arguably
support this appeal. Accordingly, the juvenile's
adjudication and deferred disposition are affirmed. Appellate