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State ex rel. W. S.

Court of Appeals of Louisiana, Fourth Circuit

July 5, 2018

STATE OF LOUISIANA IN THE INTEREST OF W.S.

          APPEAL FROM JUVENILE COURT ORLEANS PARISH NO. 2017-213-05-DQ-E, SECTION "E" HONORABLE Desiree Cook-Calvin, JUDGE

          LEON CANNIZZARO DISTRICT ATTORNEY ORLEANS PARISH SCOTT G. VINCENT ASSISTANT DISTRICT ATTORNEY ORLEANS PARISH COUNSEL FOR THE STATE/APPELLEE

          KATHERINE M. FRANKS LOUISIANA APPELLATE PROJECT COUNSEL FOR DEFENDANT/APPELLANT

          Court composed of Judge Rosemary Ledet, Judge Paula A. Brown, Judge Tiffany G. Chase

          Rosemary Ledet Judge

         In this delinquency appeal, the juvenile, W.S., [1] 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 disposition.

         STATEMENT OF THE CASE AND FACTS

         In 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 returned.

         Shortly 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 police.

         On 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."

         On 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.

         On 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.

         ERRORS PATENT

         We have 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 ...


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