State v. Belton

Mar 2, 1988
CR87-838
Versions:525 So. 2d 77
1988 WL 16494

Michael J. Bonnette, Natchitoches, for defendant-appellant.

Michael Henry, Dist. Atty., Natchitoches, for plaintiff-appellee.

FORET, Judge.

This is a juvenile proceeding.

On April 10, 1987 and April 28, 1987, petitions1 were filed charging Michael Wayne Belton2 with unauthorized use of a movable, a violation of La.R.S. 14:68; hit and run driving, a violation of La.R.S. 14:100; and two counts of theft of objects having a value of less than $100, violations of La.R.S. 14:67. Appellant was adjudicated a delinquent on May 28, 1987. On disposition, the juvenile was committed to the Department of Public Safety and Corrections for a period not to exceed four and one-half years. An appeal was taken pursuant to La.C.J.P. art. 97.

Notes

1
The petition of April 28, 1987 charging defendant with unauthorized use of a movable, hit аnd run, and theft of the bicycle does not appear in the record to contain the verification required by La.CJ.P. art. 47(C). However, La.CJ.P. art. 47(D) states that substantial prejudice must exist for reversal and none is found to exist here.
2
At various points in the record defendant is referred to as Michael Wayne Belton, Michael Dwayne Belton, and Michael Dewayne Belton. No prejudice has resulted and the error is harmless since there is no allegation that there exists a mistake as to the person referred to. See State v. Crowley, 475 So.2d 783 (La.App. 4 Cir. 1985).
*
Judge G. William Swift, Jr., Retired, participated in this decision ‍​​​‌​‌​​​‌​‌‌​‌‌​‌‌​‌‌​​‌‌‌‌​‌‌​‌‌​‌‌‌​‌​‌​​‌‌‌​‍by appointment of the Louisiana Supreme Court as Judge Pro Tempore.