141 So. 3d 296
La. Ct. App.2014Background
- D.B. was 13 years old when he allegedly committed second degree murder in 2013.
- Petition filed March 19, 2013; continued custody hearing occurred March 18, 2013; D.B. remained in custody.
- Adjudication hearing did not occur timely; D.B. pled guilty to second degree murder on October 2, 2013.
- Disposition issued: life imprisonment without probation, parole, suspension, or modification until age 21.
- Court found multiple error patents; vacated disposition and remanded for new disposition with proper benefits and notices, including Art. 930.8 advisement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Untimely answer hearing and good cause | D.B. argues untimely setting constituted no waiver of rights. | State/juvenile court treated failure to object as good cause extension. | Yes; failure to object constitutes good cause extension. |
| Untimely adjudication hearing | Waivers and agreements show good cause to extend time. | Extensions valid due to agreement and waivers; disposition timely or harmless error. | Yes; good cause extension via agreement/waiver; harmless error. |
| Duty to advise under Art. 930.8 | Court failed to advise about 930.8 time limits on post-conviction relief. | Not explicitly contested; remand to provide proper advisement. | Remand required to advise under Art. 930.8. |
| Dispositional sentence under La.Ch.Code arts. 898/897 | Constraint to life until 21 without parole/modification is improper; 898 allows modification and parole. | Court believed mandatory life until 21; relied on 898(C)(5). | Disposition without parole/modification was error; remand for new disposition with benefits. |
Key Cases Cited
- State in the Interest of J.C.G., 706 So.2d 1081 (La.App. 3 Cir.1998) (error patent framework and notice analysis)
- State in the Interest of D.J., 131 So.3d 35 (La.1/10/2014) (juvenile adjudication timing and extensions for good cause)
- State in the Interest of W.P., 98 So.3d 802 (La.20012) (timeliness and extensions for adjudication)
- State in the Interest of R.D.C., 632 So.2d 745 (La.1994) (extension for good cause; hearing dates outside time limits)