FROM JUVENILE COURT ORLEANS PARISH NO. 2017-213-05-DQ-E,
SECTION "E" HONORABLE Desiree Cook-Calvin, JUDGE
CANNIZZARO DISTRICT ATTORNEY ORLEANS PARISH SCOTT G. VINCENT
ASSISTANT DISTRICT ATTORNEY ORLEANS PARISH COUNSEL FOR THE
KATHERINE M. FRANKS LOUISIANA APPELLATE PROJECT COUNSEL FOR
composed of Judge Rosemary Ledet, Judge Paula A. Brown, Judge
Tiffany G. Chase
Rosemary Ledet Judge
delinquency appeal, the juvenile, W.S.,  seeks review of
his adjudication and sentence for misdemeanor theft. For the
reasons that follow, we affirm the adjudication and sentence,
but we remand for an amendment of the judgment of
OF THE CASE AND FACTS
mid-June 2016, A.B. bought her 16-year-old developmentally
disabled grandson, K.B., a $99 bicycle from Wal-Mart. On June
26, 2016, while riding his bicycle, K.B. was approached by
W.S. K.B. was acquainted with W.S. from playing sports
together. W.S. asked to "see" the bicycle; and K.B.
agreed, but instructed W.S. to "come back" with it.
W.S. then took the bicycle, quickly rode away, and never
thereafter, K.B.'s mother and grandmother, who were
riding together in a vehicle, observed K.B. standing alone at
the corner of Claiborne Avenue and Laharpe Street. K.B.'s
grandmother noticed that K.B. did not have his bicycle. The
women stopped and asked K.B. where his bicycle was. K.B.
responded that W.S. had taken it. After unsuccessfully
attempting to locate W.S., they reported the theft to the
August 7, 2016, K.B. saw W.S. walking along Dumaine Street.
K.B. called his mother, and she came to meet him. The two
followed W.S. a short distance and then called the police.
When the police arrived, K.B.'s mother provided the
police a description of W.S. Shortly thereafter, the police
found W.S. (who was about a block away) and arrested him.
While in custody, W.S. stated to an officer that K.B. had
allowed him to borrow the bicycle and that, because the tires
went flat, he had "left it at the corner."
August 1, 2017, the State filed a delinquency petition,
alleging that, on June 26, 2016, W.S. had committed theft of
a bicycle belonging to K.B. valued at less than $500. On
August 16, 2017, W.S. entered a denial; and the case was set
for an adjudication hearing.
November 2, 2017, the juvenile court conducted the
adjudication hearing. At the conclusion of the hearing, the
juvenile court adjudicated W.S. delinquent and set the case
for a disposition hearing. On November 29, 2017, the juvenile
court conducted the disposition hearing. At the conclusion of
the hearing, the juvenile court imposed a suspended six-month
sentence, six months of active probation, and restitution in
the amount of $99.
reviewed the record for errors patent and found one. While
the judgment of disposition reflects that W.S. was
adjudicated delinquent for theft, the judgment does not
reflect the grade of the offense. See State in Interest
of J.D., 14-0551, p. 10 (La.App. 4 Cir. 12/3/14), 154
So.3d 726, 733 (finding the failure of a judgment of
disposition to reflect the grade of offense ...