State ex rel. T.C., 60 So. 3d 1260

T.C. was charged July 21, 2008 with unauthorized use of a motor vehicle (La. R.S. 14:68.4).
Adjudication hearing held September 14, 2009; T.C. found delinquent for unauthorized use of a motor vehicle.
Disposition: committed to DPS&C for six months but suspended; placed on inactive probation for six months.
Officer Alexander testified she stopped a vehicle on July 4, 2008; vehicle had Texas plate and expired tags.
T.C. stated he got the car and keys from his cousin Torey C.; vehicle later determined stolen; Lawson owned the car and did not know T.C.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence to prove unauthorized use	T.C. drove Lawson’s car without permission.	No proof of knowledge the car was stolen or intent to deprive permanently.	Evidence supports delinquency beyond reasonable doubt.
Mens rea requirement for unauthorized use	Criminal intent shown by taking vehicle without consent.	Lack of evidence of fraudulent intent or knowledge of theft.	State satisfie d mens rea beyond reasonable doubt; driving without permission sufficient given facts.
Application of standard of review	Appellate review respects trial-court credibility findings.	Appellate should reweigh conflicts in evidence.	Appellate reviews for clear error; credibility determinations are for the trial court.
Effect of the trial court’s credibility determinations	State witnesses credibility supported the verdict.	Discrepancies could undermine credibility.	Trial court’s credibility determinations accord great deference and are not overturned absent clear error.

State v. Bias, 400 So.2d 650 (La. 1981) (requires mens rea for unauthorized use of a movable)
State in the Interest of H.N., L.C., T.B., 717 So.2d 666 (La.App. 4 Cir. 1998) (reversals when defendant lacked knowledge vehicle was stolen)
State in the Interest of C.B., 28 So.3d 525 (La.App. 4 Cir. 2009) (reversed for insufficient evidence of knowledge of theft)
State in the Interest of S.S., 557 So.2d 407 (La.App. 4 Cir. 1990) (insufficient evidence where juveniles unaware of theft)
State ex rel. T.W., 21 So.3d 465 (La.App. 3 Cir. 2009) (trusts trial court credibility; deferential review)
State ex rel. E.D.C., 903 So.2d 571 (La.App. 2 Cir. 2005) (credibility and weight of evidence within trial court's province)
State in the Interest of T.E., 787 So.2d 414 (La.App. 4 Cir. 2001) (appellate review of juvenile delinquency standards)
State v. Brumfield, 639 So.2d 312 (La.App. 4 Cir. 1994) (credibility judgments are for the fact-finder)
State v. Garner, 621 So.2d 1203 (La.App. 4 Cir. 1993) (weight of conflicting testimony is a matter of fact)
State v. Vessell, 450 So.2d 938 (La. 1984) (credibility and weight assigned by trial court)
Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency review: rational trier could find guilt beyond a reasonable doubt)
State ex rel. W.B., 11 So.3d 60 (La.App. 4 Cir. 2009) (standard of review in juvenile adjudications)