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State ex rel J.P.

Court of Appeals of Louisiana, Fourth Circuit

September 25, 2019

STATE OF LOUISIANA IN THE INTEREST OF J.P.

          APPEAL FROM JUVENILE COURT ORLEANS PARISH NO. 2018-354-03-DQ-C, SECTION "C" HONORABLE CANDICE BATES ANDERSON, JUDGE.

          TENEE FELIX LOUISIANA CENTER FOR CHILDREN'S RIGHTS COUNSEL FOR APPELLANT

          LEON CANNIZZARO DISTRICT ATTORNEY DONNA ANDRIEU, CHIEF OF APPEALS SCOTT VINCENT ASSISTANT DISTRICT ATTORNEYS ORLEANS PARISH COUNSEL FOR APPELLEE

          Court composed of Judge Terri F. Love, Judge Rosemary Ledet, Judge Dale N. Atkins

          JUDGE ROSEMARY LEDET JUDGE.

         This is a juvenile delinquency case. The juvenile, J.P.[1] appeals her adjudication and disposition for simple burglary. For the reasons that follow, we reverse the adjudication and disposition and dismiss the petition with prejudice.

         BACKGROUND

         On April 24, 2018, the New Orleans Police Department ("NOPD") received a report of a simple burglary of a silver Nissan Altima located in a parking lot at Delgado Community College ("Delgado") in New Orleans, Louisiana. The following day, April 25, 2018, NOPD Detective Nicole Alcala collected from Delgado surveillance video purporting to capture the burglary. From the video, Detective Alcala recognized one of the alleged perpetrators as J.P., with whom Detective Alcala had had previous encounters. Detective Alcala issued a warrant for J.P.'s arrest, and J.P. was subsequently arrested.

         After J.P.'s arrest, the State filed a delinquency petition charging J.P. with simple burglary, a violation of La. R.S. 14:62(A). J.P. entered a denial, and the case proceeded to trial on May 7, 2019. At the conclusion of trial, the juvenile court adjudicated J.P. delinquent. The same day, the juvenile court entered a disposition, reprimanding J.P. This appeal followed.

         ERRORS PATENT

         We have reviewed the record for errors patent. State ex rel. A.H., 10-1673, p. 9 (La.App. 4 Cir. 4/20/11), 65 So.3d 679, 685 (observing that, in juvenile cases, and pursuant to La. Ch.C. art. 104 and La.C.Cr.P. art. 920, "conducting an error patent review in juvenile delinquency proceedings is warranted"). We find none.

         DISCUSSION

         In her sole assignment of error, J.P. contends that the evidence is insufficient to support her adjudication for simple burglary. Although juvenile delinquency proceedings are not criminal in nature, due process requires that the State prove every element of the charged offense beyond a reasonable doubt. In re Winship, 397 U.S. 358, 90 S.Ct. 1068, 25 L.Ed.2d 368 (1970). Due process also requires that the sufficiency of the evidence adduced at trial be reviewed under the well-settled standard announced in Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).

         In State v. Brown, 12-0626, pp. 6-8 (La.App. 4 Cir. 4/10/13), 115 So.3d 564, 570-71, we set forth the Jackson standard as follows:

In evaluating whether evidence is constitutionally sufficient to support a conviction, an appellate court must determine whether, viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the defendant guilty beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); State v. Green, 588 So.2d 757 (La.App. 4th Cir. 1991). However, the reviewing court may not disregard this duty simply because the record contains evidence that tends to support each fact necessary to constitute the crime. State v. Mussall, 523 So.2d 1305 (La. 1988). The reviewing court must consider the record as a whole. If rational triers of fact could disagree as to the interpretation of the evidence, the rational trier's view of all the evidence most favorable to the prosecution must be adopted. The fact finder's discretion will be impinged upon only to the extent necessary to guarantee the fundamental protection ...

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