66 So. 3d 1142
La. Ct. App.2011Background
- S.J., a minor, was adjudicated delinquent for aggravated battery with a knife and resisting an officer by providing false information about his identity.
- Adjudication occurred on August 25, 2010; the delinquency petitions were filed July 21, 2010 in Jefferson Parish.
- On September 23, 2010 the court sentenced S.J. to OJJ custody until his twenty-first birthday for aggravated battery, plus additional OJJ sentences for burglary and resisting arrest, all to run concurrently.
- The victim, Danielle Waddell, testified that the assault occurred around 3:00 a.m. in Marrero, with a knife held to her neck, threats of rape, and a flame tattoo observed on the attacker’s right wrist.
- Waddell identified S.J. in person at the Burger King; a deputy and another EMS worker corroborated the identification.
- A predisposition investigation and a psychological evaluation revealed behavioral problems, lack of remorse, and escalation to criminal conduct; the trial judge noted these findings in imposing the sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sentence is excessive for a juvenile | S.J. argues the term until 21 is excessive. | The juvenile court has broad discretion and appropriately weighed the facts. | Sentence not excessive; affirmed. |
| Whether the trial court properly balanced the needs of the child with public safety | Dispositional options should be the least restrictive compatible with safety. | Discretion allowed given the seriousness and the PDI/psych evals. | Court did not abuse discretion; sentence affirmed. |
| Whether there is an error patent regarding concurrent sentencing | Transcript and commitment should reflect concurrent sentences. | Not contested by defense; records inconsistent. | Remanded to correct judgment ordering commitment to note concurrent service of sentences. |
Key Cases Cited
- State ex rel. T.S., 900 So.2d 77 (La.App. 5th Cir. 2005) (mandatory errors-patent review in juvenile cases)
- State v. In The Interest of J.M., 687 So.2d 136 (La.App. 5th Cir. 1997) (limits of least restrictive disposition framework)
- State in the Interest of J.G., 641 So.2d 633 (La.App. 5th Cir. 1994) (juvenile sentencing standards balancing child needs and society)
- State in the Interest of L.A., 666 So.2d 1142 (La.App. 5th Cir. 1995) (recognition of severe consequences for aggravated battery in juveniles)