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STATE OF LOUISIANA IN THE
COUI~T

NO. 12-KA-436 FIFTH CIRCUIT COURT OF APPEAL STATE OF LOUISIANA

OF APPEAL

INTERESTOFT.M

FIFTH CIICUIT

FILED NOV 2 7 2012

ON APPEAL FROM THE JEFFERSON PARISH JUVENILE COURT
PARISH OF JEFFERSON, STATE OF LOUISIANA
NO. 11-JU-768, DIVISION "C"
HONORABLE JAMES L. CANNELLA, PRO TEMPORE JUDGE PRESIDING


November 27,2012

SUSAN M. CHEHARDY
JUDGE

Panel composed of Judges Susan M. Chehardy, Fredericka Homberg Wicker, and Robert A. Chaisson

HON. PAUL D. CONNICK, JR. District Attorney 24th Judicial District Court AMANDA L. CALOGERO ELIZABETH B. CURREN Assistant District Attorneys Juvenile Court 1546 Gretna Boulevard Harvey, LA 70058 COUNSEL FOR APPELLEE, THE STATE OF LOUISIANA KATHERINE M. FRANKS Attorney at Law Louisiana Appellate Project P. O. Box 1677 Abita Springs, LA 70420 COUNSEL FOR APPELLANT, T.M.

AFFIRMED

~y{

On appeal, T.M.' challenges her adjudications as delinquent, arguing that the

~l For the following reasons, we affirm her convictions and sentences.
Facts and Procedural History
On the morning of Friday, November 11,2011, L.A., a 14-year-old, eighth grader at Harry S. Truman Middle School in Marrero, Louisiana, was in P.E. class. L.A. was seated on the floor along the wall observing other students participating in P.E. when T.M. walked by her. L.A. noticed that T.M. was wearing a black mitten on one hand. As T.M. walked past L.A., T.M. "dapped'" L.A.'s hand with her gloved, partially-opened hand. L.A. felt a sting but did not notice anything in T.M.'s hand. Seconds later, L.A. noticed that her hand was bloody. Although L.A. initially informed school authorities that she had cut herself with her ID card, when she was subsequently questioned in the principal's office

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evidence was insufficient to support her adjudications pursuant to La. R.S. 14:34.

I The delinquency petitions reflect that T.M. was born on August 10, 1996 so she was 15 years old on the date ofthe incident. In order to maintain confidentiality, La. Ch.C. art. 412 mandates that any minor involved is referenced only by their initials. See also, La. R.S. 46: 1844.

2

The teens described "dapping" as slang for "hitting hands" like a low "high five."

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by a Jefferson Parish Sheriffs Deputy, she admitted that T.M. had cut her. At trial, the State introduced a photograph ofL.A.'s right hand taken on November 14,2011, that showed a straight, narrow laceration about one inch long on her palm. On November 11,2011, D.D., a sixth grader at Truman Middle who was friends with T.M.'s younger sister, also had P.E. class at the same time as T.M. While the classes were in the gym, T.M. approached D.D. and "dapped her off' with a closed, gloved hand. D.D. testified that she did not see anything in T.M.'s hand. Moments later, D.D. noticed she had a cut on her right wrist. T.M. immediately put pressure on D.D.'s wound and accompanied D.D. to the office to get a Band-Aid. As they walked, T.M. said "she didn't know a pencil sharpener razor' could cut somebody." Later, T.M. acknowledged that she had cut L.A. too. At trial, the State introduced a photograph ofD.D.'s right wrist taken on November 11, 2011, that showed a straight, narrow laceration about two inches long on her wrist. On December 22,2011, the Jefferson Parish District Attorney filed two delinquency petitions in juvenile court naming T.M. The first petition alleged that, on November 11, 2011, T.M. committed aggravated battery with a razor blade upon a minor, D.D., in violation of La. R.S. 14:34. The second petition alleged that, also on November 11, 2011, T.M. committed aggravated battery with a razor blade upon a minor, L.A., in violation of La. R.S. 14:34. On January 6,2012, the juvenile denied the allegations of both petitions. On February 29, 2012, after a full trial, the judge adjudicated D.L. delinquent as charged in both petitions. On March 22,2012, the trial judge entered a judgment
3

Apparently, T.M. obtained the "pencil sharpener razor" by dismantling a small, manual sharpener.

4 Further, the record contains T.M.'s probation officer's "Report to the Court" indicates that T.M. initially stated, "I'm going to jail. I didn't know a razor from a pencil sharpener could cut someone like that."

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of disposition on both petitions imposing, on each count, a sentence of six months in the Office of Juvenile Justice, suspended, and placing defendant on two years active probation with special conditions. On April 11, 2012, the court granted T.M.'s motion for appeal.
Standard of Review

Though delinquency proceedings may in many ways implicate criminal proceedings, they are nonetheless civil in nature. State ex reI. D.R., 01-0405 (La.App. 4 Cir. 10113110), 50 So.3d 927, 930 (citing In re C.B., 97-2783 (La. 3/4/98), 708 So.2d 391, 400). As this Court, citing State ex. reI Batiste, 367 So.2d 784, 788 (La. 1979), noted: [jjuvenile delinquency proceedings do not fall within the category of criminal prosecutions, as is evident from long established jurisprudence ..., and the special juvenile provisions within the judiciary article of the constitution. La. Const.1974, art. 5,

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