State ex rel. T.W., 175 So. 3d 504

The juvenile court adjudicated T.W. delinquent for illegal possession of stolen things valued over $500 and committed him to OJJ for two years.
State filed a petition on December 5, 2014 alleging T.W. received/possessed a stolen vehicle valued over $500.
T.W. moved to suppress statements and to exclude guns found in the vehicle; motions were heard with the adjudication.
A vehicle chase led to officers discovering a missing ignition, broken window, and a screwdriver; T.W. was observed in the vicinity.
T.W. admitted being in the car but claimed he was not the driver; officers advised him of his rights and arrested him.
Predisposition investigation recommended secure placement; T.W. had prior delinquency adjudications and probation violations.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence to convict for illegal possession	T.W. as passenger lacked possession or knowledge	Presence in vehicle with stolen property could prove possession	Evidence sufficient; constructive possession established
Miranda custody and suppression of statements	Statements obtained in custody must be suppressed	Initial questioning was not custodial; subsequent statements admissible	No custodial interrogation at first; subsequent statements admissible under totality of circumstances
Dispositional propriety and sufficiency of predisposition report	Dispositional selection was excessive and predication on an incomplete report	Court had discretion; report deficiencies were not preserved as error	Dispositional two-year term not excessive; any report deficiencies not preserved for review
Patently erroneous disposition judgment and sentencing	Discrepancy between judgment and transcript; potential error patent	Transcript controls; remand to correct judgment	Remand to correct Section 2 to reflect two-year sentence; transcript controls

State v. McCadney, 761 So.2d 579 (La.App. 4 Cir. 2000) (constructive possession exists when item within dominion or control)
State v. Wilson, 544 So.2d 1300 (La.App. 4 Cir. 1989) (passenger may still be guilty of possession of stolen vehicle)
State in the Interest of B.J., 617 So.2d 238 (La.App. 5 Cir. 1993) (elements of illegal possession of stolen things)
State v. Camp, 446 So.2d 1207 (La.1984) (circumstantial evidence standard requiring exclusion of all reasonable hypotheses)
Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency standard for evidence in criminal cases)
In re D.W., 125 So.3d 1180 (La.App. 5 Cir. 2013) (juvenile standard of review and evidentiary considerations)
State ex rel. A.B., 983 So.2d 934 (La.App. 5 Cir. 2008) (criteria for voluntariness of confessions and Miranda waiver)
J.D.B. v. North Carolina, 131 S. Ct. 2394 (2011) (juvenile custody determinations and age considerations for Miranda)
State ex rel. S.L., 94 So.3d 822 (La.App. 5 Cir. 2012) (spontaneous statements admissible absent interrogation)
State v. Lynch, 441 So.2d 732 (La.1983) (transcript controls when there is conflict with judgment)