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STATE OF LOUISIANA IN THE INTEREST OFT.B. C/W STATE OF LOUISIANA IN THE INTEREST OFK.H. C/W STATE OF LOUISIANA IN THE INTEREST OFE.S. C/W STATE OF LOUISIANA IN THE INTEREST OFB.M. C/W STATE OF LOUISIANA IN THE INTEREST OF S.P. C/W STATE OF LOUISIANA IN THE INTEREST OF J.P.

NO. 11-KA-411 C/W ll-KA-417 & 11-KA-418 & 11-KA-419 & 11-KA-420 & 11-KA-421 FIFTH CIRCUIT COURT OF APPEAL STATE OF
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ON APPEAL FROM THE JEFFERSON PARISH JUVENILE COURT
PARISH OF JEFFERSON, STATE OF LOUISIANA
NO.1 0-JU-850, DIVISION "C"
HONORABLE NANCY AMATO KONRAD, JUDGE PRESIDING,
HONORABLE JAMES L. CANNELLA, JUDGE PRESIDING AND
HONORABLE SALVADORE T. MULE, JUDGE PRESIDING
FEBRUARY 14,2012


ROBERT A. CHAISSON

JUDGE
Panel composed of Judges Marion F. Edwards, Clarence E. McManus, and
Robert A. Chaisson
EDWARDS, C.J., CONCURS PAUL J. CONNICK, JR. District Attorney JOSEPH R. MCMAHON, JR. ELIZABETH B. CURREN Assistant District Attorneys Juvenile Court 1546 Gretna Boulevard Harvey, LA 70058 COUNSEL FOR PLAINTIFF/APPELLANT TIMONV. WEBRE Attorney at Law Indigent Defender Board 1546 Gretna Boulevard Harvey, LA 70058 COUNSEL FOR DEFENDANT/APPELLEE

AFFIRMED

The State filed delinquency petitions against six juveniles, and the juvenile court dismissed those petitions. The State appealed the dismissals, and this Court consolidated the appeals on May 6, 2011. FACTS AND PROCEDURAL HISTORY State in the Interest ofT.B., ll-KA-411 On November 5,2010, T.B. was charged by petitions filed in juvenile court with the misdemeanor offenses of battery upon a school teacher, in violation of LSA-R.S. 14:34.3, and disturbing the peace, in violation of R.S. 14:103. On November 18, 2010, the juvenile denied the allegations, and the adjudication hearing was set for January 26, 2011. On the date set for the adjudication, T.B.'s attorney moved to continue the matter in order to monitor the juvenile's grades, behavior, and attendance; to have the juvenile write a two-page essay and provide a copy at the next hearing; and to complete 20 hours of community service work. The juvenile court granted that motion.

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At the subsequent March 30, 2011 hearing, T.B. submitted a three-page essay indicating his understanding of the need to follow rules and behave appropriately, and that the consequences for failing to do so would likely result in future incarceration. The juvenile also submitted verification of completing 20 hours of community service at the New Orleans Downtown Recruiting Station. Finally, T.B. submitted school records indicating his scholastic performance. Since the juvenile had completed all court ordered assignments, his attorney moved that the matter be dismissed under LSA-Ch.C.art. 876. Judge Nancy Amato Konrad granted the motion and dismissed the petitions, finding that good cause existed for the dismissal. In so ruling, the court noted T.B. had no prior record, and this was his first involvement in the legal system. The court further recognized his successful completion of the court ordered assignments which included performing community service work, writing a paragraph, and bringing up his grades. The court also commented that further involvement in the juvenile justice system would be of no benefit and would not be in the child's best interest. The State objected to the dismissal of the petitions. State in the Interest ofK.H., ll-KA-417 On August 9, 2010, K.B. was charged by petition filed in juvenile court with the misdemeanor offense of theft of goods valued at less than $300.00 belonging to Macy's, in violation ofLSA-R.S. 14:67.10. The juvenile denied the allegations on August 24, 2010, and after two continuances, the matter was scheduled for adjudication on February 2, 2011. On that day, K.B.'s attorney moved to continue the matter in order to monitor the juvenile's grades, behavior, and attendance; to have the juvenile write a two-page essay on why he should not steal, and provide a copy at the next hearing; and to complete 20 hours of community service work.

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The court granted that motion, and the matter was set for adjudication on April 6, 2011. At that time, K.H. submitted a two-page essay indicating his understanding that stealing was wrong, that he learned his lesson, that he will not steal again, and that stealing could result in incarceration. In addition, K.H. submitted verification of his completion of 20 hours of community service at Aerens Supermarket in New Orleans, as well as verification of his attendance at S1. Rita Catholic School in New Orleans. In light of the fact that K.H. successfully completed all court ordered assignments, his attorney moved for a dismissal under LSA-Ch.C. art. 876. After considering the documentation submitted by the juvenile, Judge James L. Cannella granted the motion and dismissed the delinquency petition. The State objected to the ruling.

State in the Interest orE.S., ll-KA-418
On January 25, 2011, E.S. was charged by petition filed in juvenile court with the misdemeanor offense of theft of goods valued at less than $500.00 belonging to Wal-Mart, in violation ofLSA-R.S. 14:67.10. On February 8, 2011, the juvenile's counsel moved to continue the hearing so the juvenile could return at the next hearing with his school records, proof that he performed 20 hours of community service, and a two-page essay on why he should not steal. The juvenile court granted that motion, noting that the juvenile was appearing before the court for a first-time theft with no prior criminal history and no family or school related issues. At the subsequent April 12,2011 hearing, E.S. submitted a two-page essay indicating his understanding that stealing is wrong, and that it could hurt his future and result in incarceration. E.S. further submitted proof that he was on the honor roll at East Jefferson High School and that he was participating in a black history
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program at Providence Baptist Church. At this hearing, E.S.'s attorney moved to dismiss the matter under LSA-Ch.C. art. 876 since the juvenile had complied with the court assignments. Over the objection of the State, Judge Salvadore T. Mule' granted this motion, finding there was good cause to dismiss the petition. The court noted the juvenile's completion of the court requirements amounted to successful mediation which constitutes good cause.

State in the Interest ofB.McC., ll-KA-419
B.McC. was charged by petition in juvenile court with the misdemeanor offense of simple criminal damage to property amounting to under $500.00, in violation ofLSA-R.S. 14:56. On December 28,2010, B.McC. entered a denial to the delinquency petition, and the matter was set for adjudication on January 26, 2011. On that date, the juvenile's counsel moved that the matter be continued in order to monitor the juvenile's grades, behavior, and attendance; to allow the juvenile time to write a two-page essay on why he should not damage others' property and provide a copy at the next hearing; and to complete 20 hours of community service work. The juvenile court granted that motion. At the subsequent March 30,2011 hearing, B.McC. submitted a two and a half page essay indicating his understanding of the need to respect other people's property. He also submitted verification of completing 20 hours of community service at St. Joseph Catholic Church. In addition, the juvenile indicated that he planned to return to assist in the construction of the church altar, which is above and beyond the community service as mandated by the court. He also produced school records indicating continued participation in adult education. Considering the juvenile's successful completion of the court ordered assignments, his attorney moved that the matter be dismissed under LSA-Ch.C. art. 876. Over the State's objection, Judge Nancy Amato Konrad granted the motion -5

and dismissed the petition, finding good cause for the dismissal. The court noted this misdemeanor was the juvenile's first offense, and he had not been involved with the legal system in the past. The court further recognized that B.McC. completed his community service, did what he was supposed to do in school, and wrote a paper as requested by the court. Lastly, the court noted that further involvement with the juvenile justice system would not be beneficial and would be contrary to the child's best interest.
State in the Interest of S.P., ll-KA-420

On November 17, 2010, S.P. was charged by petition filed in juvenile court with the misdemeanor offense of possession of marijuana, in violation ofLSA-R.S. 40:966C. On December 1, 2010, the juvenile denied the allegations of the petition, and the matter was set for adjudication on January 26, 2011. On that date, S.P.'s attorney moved that the matter be continued in order to monitor the juvenile's grades, behavior, and attendance; to allow the juvenile time to write a two-page essay on why he should not possess marijuana and provide a copy at the next hearing; and to complete 20 hours of community service work. The juvenile court granted the motion, and the matter was set for adjudication on March 30, 2011. On that date, S.P. submitted a two-page report indicating his understanding of the harmful effects of marijuana. He also submitted verification of completing 20 hours of community service at Lafreniere Park with the Jefferson Parish Department of Parks and Recreation. S.P. further provided his school records indicating an overall improvement in scholastic performance and submitted a newspaper clipping showing that he was recognized for his behavioral efforts at the Jefferson Community School. Based upon the juvenile's successful completion of the court ordered requirements, his attorney moved for a dismissal pursuant to LSA-Ch.C. art. 876.
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Judge Nancy Amato Konrad granted the motion and, finding good cause, dismissed the petition. The court noted the juvenile's young age and the fact that he had no criminal history and had never been involved in the legal system. Moreover, S.P. completed all of the requirements ordered by the court and had done exemplary work at school and in his community service. The court lastly noted that further involvement in the juvenile justice system would not be beneficial to the child. The State objected to this dismissal.

State in the Interest of J.P., ll-KA-421
On January 27, 2011, J.P. was charged by petition filed in juvenile court with the misdemeanor offense of possession of marijuana, in violation ofLSA-R.S. 40:966C. The juvenile denied the allegations of the petition on February 10, 2011, and the matter was set for adjudication on April 6, 2011. On that day, J.P.'s attorney moved for dismissal under LSA-Ch.C. art. 876 for good cause as the juvenile had completed all services. To support the argument for dismissal of the petition, J.P.'s attorney called the child's case manager, Aroel Green, to testify. Ms. Green, employed by the Jefferson Parish Human Service Authority, Substance Abuse Prevention Division, testified that J.P. was referred to her by his school for a policy violation in February. He presented for services within a week of the violation and completed services with her for two months. During that time, she had an opportunity to drug screen him, and all of his drug screens came back negative. In addition to completing Ms. Green's program, J.P. also had to do other services to get back in school. In particular, he had to perform a certain amount of hours of community service, to participate in some projects at school, and to attend an educational component for one night that was three hours. J.P. also had to be drug tested by another school appointed facility, and that drug screen came back negative.

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