FROM JUVENILE COURT ORLEANS PARISH NO. 2017-214-04-DQ-C,
SECTION "C" Honorable Candice Bates Anderson, Judge
Cannizzaro DISTRICT ATTORNEY Donna Andrieu, Chief of Appeals
ASSISTANT DISTRICT ATTORNEY Ralph Brandt ASSISTANT DISTRICT
ATTORNEY William Dieters ASSISTANT DISTRICT ATTORNEY PARISH
OF ORLEANS COUNSEL FOR APPELLEE/STATE OF LOUISIANA.
Katherine M. Franks LOUISIANA APPELLATE PROJECT COUNSEL FOR
composed of Chief Judge James F. McKay, III, Judge Daniel L.
Dysart, Judge Dale N. Atkins).
L. Dysart Judge.
November 28, 2017, R.W. appeared with counsel for an
adjudication hearing. He was adjudicated delinquent as a
result of having committed a violation of La. R.S.
40:966E(1), possession of marijuana, and a violation of La.
R.S. 14:69B(1), illegal possession of stolen things, to-wit:
a vehicle valued at $30, 000 which was the subject of a
robbery or theft. R.W. appeals, arguing that the time limits
to adjudicate this matter were expired. For the reasons that
follow, we affirm the ruling of the trial court.
State filed a petition charging R.W. with the above offenses
on August 28, 2017. He appeared with counsel on September 12,
2017, and pled not guilty. The trial court ordered, among
other things, that R.W. enroll in the M.E.L.O.W. program (Men
Engaging in Leadership Opportunities Works"), that he
participate in a drug testing program, attend school, and
abide by the curfew laws. As R.W. was not retained in
custody, the trial court set the case for a M.E.L.O.W. review
on October 17, 2017, and an adjudication hearing date of
November 28, 2017.
record indicates that R.W. did not enroll in the M.E.L.O.W.
program as ordered, and that the trial court instructed the
coordinator of the program to continue the attempts to
contact R.W.'s mother. On October 17, 2017, the trial
court issued a warrant for R.W.'s arrest for failure to
participate in the program, and for failing to submit to a
drug screen. The judgment also notes that R.W. was arrested
on October 16, 2017, on new charges of unauthorized use of a
motor vehicle and possession of stolen property, and that he
had been placed back on electronic monitoring. When he was
arrested on the warrant in this case on October 24, 2017, he
was held in custody.
initial attorney withdrew from representation due to a
conflict, and new counsel filed a Motion for Release on
November 13, 2017. The motion was set for hearing on November
28, 2017, the original adjudication hearing date in this
matter. On November 14, 2017, counsel filed a Plan for
Release that was also set for hearing on November 28, 2017.
morning of November 28, counsel for R.W. filed a Motion for
Release and Dismissal of Petition. At the adjudication
hearing that same afternoon, R.W., through counsel, withdrew
his previously entered plea of not guilty, and entered a plea
of admission to the charges. A lengthy colloquy ensued
between the court and defense counsel regarding the proposed
sentence, and whether the court should order a
pre-disposition investigation. R.W. addressed the court
directly stating that, "I'm going to take the six
months and get it over with."
point in the hearing, counsel for R.W. requested the court to
consider the Motion for Release. Initially, the trial court
indicated it would deny the motion, but then stated it would
not hear the motion as a conformed copy had not been provided
to the court. Counsel then requested that the plea be
accepted pursuant to State v. Crosby,  reserving review
of R.W.'s Motion for Release. The trial court reiterated
that it was not ruling on the motion at that time. Counsel
then stated that R.W. wished to accept a six-month secure
sentence. R.W. addressed the court personally, waived his
rights verbally and initialed the Waiver of Constitutional
Rights and Admission to Petition, which included the right to
the waiver of the right to appeal, on December 6, the trial
court denied the Motion for Release, and on December 20,
2017, signed an order granting R.W.'s Motion and Notice