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State ex rel. J.C.

Court of Appeals of Louisiana, Fourth Circuit

January 10, 2019

STATE OF LOUISIANA IN THE INTEREST OF J.C.

          APPEAL FROM JUVENILE COURT ORLEANS PARISH NO. 2018-151-08-DQ-C, SECTION "C" Honorable Candice Bates Anderson, Judge.

          Katherine M. Franks LOUISIANA APPELLATE PROJECT COUNSEL FOR JUVENILE/APPELLANT

          Leon Cannizzaro District Attorney Irena Zajickova Assistant District Attorney Donna Andrieu Assistant District Attorney, Chief of Appeals DISTRICT ATTORNEY'S OFFICE ORLEANS PARISH COUNSEL FOR STATE/APPELLEE

          Court composed of Chief Judge James F. McKay, III, Judge Edwin A. Lombard, Judge Regina Bartholomew-Woods

          Regina Bartholomew-Woods, Judge.

         In this juvenile delinquency appeal, J.C.[1] appeals his delinquency adjudication for attempted simple burglary and attempted resisting an officer. For the reasons that follow, we affirm the juvenile court's delinquency adjudication and corresponding disposition.

         FACTUAL BACKGROUND

         On May 26, 2018, Benjamin Shelton ("Mr. Shelton") drove from Alexandria, Louisiana to New Orleans, Louisiana to attend the Bayou Country Superfest. Mr. Shelton purchased a three (3) day parking pass, and parked his black 2015 Chevrolet pick-up truck in a parking lot located at 1001 Loyola Avenue. On the following Monday, May 28, 2018, Mr. Shelton returned to his vehicle and discovered that the back glass was shattered. Also, two (2) guns, a .45 caliber handgun and a Remington 870 shotgun, were missing from the vehicle. In response to the report of a burglary, New Orleans Police Department ("NOPD") Officer Patrick Garner ("Officer Garner") and Detective Michael Cure ("Det. Cure") arrived at the parking lot. Also, crime scene technicians arrived at the scene, dusted for fingerprints, and sought DNA samples. Together, Officer Garner and Det. Cure, watched video surveillance of the incident.[2] At the adjudication hearing, Det. Cure testified as follows:

On the video itself I observed the subject [sic] black male subject with short twists in his hair ride a bicycle up to the victim's vehicle. Went into the vehicle, took some things out of it, got back on the bicycle and fled [sic]. A short time later another subject on the exact same bicycle goes to that same vehicle, makes some motions on the passenger side. Which is out of view of the camera of where I could see [sic]. I believe our witnesses are still on scene. He walks away from the vehicle, walks around the circle drive of the bus station, pulls on a door handle of a vehicle, doesn't make entry. Then walks back to where his bicycle was by the victim's vehicle. Makes his way around to the driver's side, makes some motions towards that same victim's vehicle [sic]. Gets back on the bicycle.
Rides to the entrance of the bus station. Gets off the bicycle, goes inside the bus station to the subway [sic] restaurant. Exits the Subway with a drink and some food, I guess a sandwich in a bag. Gets back on the bicycle and rides towards Calliope and then unknown.
The second subject was going to be a black male, he had on a white baseball cap, black rim with a dark logo to cover most of the front paneling of it. Red t-shirt, dark shorts, he had an ankle monitor on one of his legs. I can't remember which side. That's what I saw on the video.

         Based on his observations, Det. Cure relayed a description of the suspects to other NOPD Sixth District officers. Det. Cure testified that on the following day, May 29, 2018, he saw an individual who matched his description of the second suspect.[3] After recognizing the suspect, Det. Cure alerted Detective Nyketi Hickman ("Det. Hickman") who located a suspect who matched Det. Cure's description at the intersection of Martin Luther King, Jr. Boulevard and Freret Street. Det. Hickman, clad in blue jeans and an NOPD polo shirt, stepped out of her car[4] and attempted to detain J.C. who ran approximately three (3) feet. Without additional resistance, Det. Hickman arrested J.C.

         PROCEDURAL HISTORY

         On June 4, 2018, J.C. was charged by delinquency petition with attempted simple burglary and resisting an officer. On June 11, 2018, J.C. entered a plea of not guilty. On July 10, 2018, the juvenile court conducted an adjudication hearing; J.C. was adjudicated delinquent of attempted simple burglary and attempted resisting an officer. The juvenile court ordered a predisposition investigation.[5] On August 21, 2018, the juvenile court imposed a disposition of one (1) year as to the first count of attempted simple burglary and a disposition of six (6) months as to the second count of attempted resisting an officer, ...


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