State ex rel. C.H.

335 So.3d 451

STATE of Louisiana IN the INTEREST OF C.H.

NO. 2021-CA-0516

Court of Appeal of Louisiana, Fourth Circuit.

January 26, 2022

Katherine M. Franks, LOUISIANA APPELLATE PROJECT, P.O. Box 220, Madisonville, LA 70447, COUNSEL FOR DEFENDANT/APPELLANT

Jason Rogers Williams, District Attorney, G. Benjamin Cohen, Chief of Appeals, Brad Scott, Assistant District Attorney, ORLEANS PARISH DISTRICT ATTORNEY, 619 S. White Street, New Orleans, LA 70119, COUNSEL FOR THE STATE OF LOUISIANA/APPELLEE

(Court composed of Judge Daniel L. Dysart, Judge Joy Cossich Lobrano, Judge Dale N. Atkins )

Judge Dale N. Atkins

This is a juvenile delinquency case. The juvenile, C.H.,¹ was adjudicated as delinquent for the offense of unauthorized use of a motor vehicle, in violation of La. R.S. 14:68.4. The Orleans Parish juvenile court's July 30, 2021 disposition committed C.H. to the custody of the Office of Juvenile Justice ("OJJ") for twelve months, with all twelve months suspended, and C.H. was placed on a twenty-four month period of probation. On appeal, C.H. contends that the disposition is illegally excessive. For the reasons that follow, we affirm the juvenile court's disposition.

FACTUAL BACKGROUND

On February 16, 2020, a Toyota Tundra truck ("truck") was taken from an apartment complex located at 3401 Garden Oaks Drive in Algiers, Louisiana, in Orleans Parish. That same day, the owner of the truck, E.G., reported it stolen, and the New Orleans Police Department ("NOPD") opened an investigation. Video recordings from the apartment complex's security camera captured two individuals take the truck from the apartment complex's parking lot at approximately 6:00 a.m. C.H. was identified as one of the individuals involved in the theft of the truck.

Detective Marcus Dubuclet ("Detective Dubuclet") of NOPD was assigned to lead the investigation into the theft of the truck. Detective Dubuclet received notice from a fellow detective that the apartment complex had security camera video footage of the theft of the truck. Accordingly, Detective Dubuclet contacted the apartment complex, reviewed the footage, and asked the apartment complex's manager to download the footage onto a disk, which he collected as evidence and brought to NOPD's Central Evidence and Property Section.

Thereafter, on March 1, 2020, deputies from the Jefferson Parish Sherriff's Office ("JPSO") stopped the truck in Jefferson Parish and detained two individuals that were in the truck. Detective Dubuclet contacted one of the JPSO deputies, Deputy Kenneth Bonura ("Deputy Bonura"), who was involved in the recovery of the truck and the detaining of the individuals. Detective Dubuclet showed the apartment complex footage to Deputy Bonura, who identified the two individuals in the footage as the same two individuals that he detained when he stopped the truck on March 1, 2020. Deputy Bonura identified one of the two individuals as C.H.

PROCEDURAL HISTORY

March 9, 2020 Petition

On March 9, 2020, the State of Louisiana ("State") filed a delinquency petition ("Petition"), which alleged that C.H. committed one count of the offense of theft of a motor vehicle in violation of La. R.S. 14:67.26² on February 16, 2020, at approximately 6:00 a.m. at 3401 Garden Oaks Drive in Algiers, Louisiana, in Orleans Parish. In particular, the Petition alleged that C.H. "[took] a Toyota Tundra, which belongs to E.G., without the consent of the owner, with the intention to permanently deprive the owner of the motor vehicle." According to the Petition, C.H. was fourteen years old on the date of the charged offense and fifteen years old at the time he was detained and on the date of the filing of the Petition.

March 9, 2020 Continued Custody Hearing, Judgment, and Release Order

Additionally, on March 9, 2020, the juvenile court conducted a continued custody hearing. According to the March 9, 2020 judgment issued by the juvenile court after the hearing, counsel for C.H. stipulated to the charge of theft after reviewing the police report and warrant. That March 9, 2020 judgment ordered the State to screen the matter for diversion status. Further, the judgment noted that C.H. tested positive for marijuana on the date of the hearing. In the March 9, 2020 judgment, the juvenile court also set the matter for an appearance to answer on March 26, 2020.

On the same day of the continued custody hearing, counsel for C.H. filed a "Motion for Release," in which counsel requested that the juvenile court release C.H. to the custody of his mother. The juvenile court signed the "Release Order" on March 9, 2020, which ordered the Juvenile Justice Intervention Center to immediately release C.H. to the custody of his mother. Along with the Release Order, the juvenile court judge signed an "Order Setting Conditions of Release." In the Order Setting Conditions of Release, the juvenile court ordered C.H. to participate in the Men Engaging in Leadership & Opportunity Works program (MELOW); to continue his education; and to not possess a firearm, knife, or other weapon. Like the March 9, 2020 judgment, the Order Setting Conditions of Release also noted that C.H.’s next appearance would be the answer hearing scheduled for March 26, 2020.

March 11, 2020 Amended Petition

Prior to the scheduled answer hearing, the State filed an "Amended Petition" on March 11, 2020. In the Amended Petition, the State changed the underlying offense alleged to have been committed by C.H. to one count of unauthorized use of a motor vehicle in violation of La. R.S. 14:68.4.³ Specifically, the Amended Petition stated that C.H. committed the offense of "the intentional taking or use of a Toyota Tundra belonging to another, either without the owner's consent or by means of fraudulent practice or representations, but without any intent to permanently deprive" the owner. Thereafter, as noted previously, the matter was scheduled for an answer hearing on March 26, 2020.

COVID-19 Delays; June 18, 2020 Answer Hearing; and June 19, 2020 Judgment

Thereafter, the COVID-19 pandemic delayed this matter in the juvenile court. On March 18, 2020, the juvenile court issued the "COVID-19 Public Health Emergency Case Reset Order." The March 18, 2020 Order stated that the juvenile court found good cause, namely the COVID-19 pandemic, to extend the trial deadlines found in La. Ch. Code art. 854 ;⁴ so, the juvenile court vacated the answer hearing date of March 26, 2020, and reset the matter for April 27, 2020.

However, on April 27, 2020, the juvenile court issued another "COVID-19 Public Health Emergency Case Reset Order" and again found good cause due to the COVID-19 pandemic to extend the trial deadlines in La. Ch. Code art. 854. In the April 27, 2020 Order, the juvenile court vacated the April 27, 2020 hearing date and reset the matter for June 18, 2020.

The juvenile court conducted the answer hearing via Zoom video-conferencing on June 18, 2020. According to the judgment signed on June 19, 2020, at the hearing, C.H. entered a denial to the charged offense of one count of unauthorized use of a motor vehicle in violation of La. R.S. 14:68.4. Further, in the June 19, 2020 judgment, the juvenile court set the matter for a pre-hearing conference on August 6, 2020.

Pre-Hearing Conferences

The juvenile court conducted the August 6, 2020 pre-hearing conference via Zoom video-conferencing. According to the judgment signed on August 7, 2020, as of the date of the pre-hearing conference, counsel for C.H. had not yet obtained outstanding discovery from the State. Accordingly, the juvenile court reset the matter for September 10, 2020. The August 7, 2020 judgment stated that counsel for C.H. waived the La. Ch. Code art. 877(B) deadlines for conducting an adjudication hearing and that the juvenile court found good cause to extend those deadlines.⁵

The juvenile court again found good cause to extend the La. Ch. Code Art. 877(B) deadlines at pre-adjudication hearing conferences conducted via Zoom video-conferencing on September 10, 2020, according to the September 11, 2020 judgment; on October 1, 2020, according to the October 9, 2020 judgment; and on February 8, 2021, according to the February 8, 2021 judgment. In the February 8, 2021 judgment, the juvenile court set the matter for an adjudication hearing on May 24, 2021.

May 24, 2021 Adjudication Hearing

On May 24, 2021, the juvenile court conducted the adjudication hearing. The juvenile court heard testimony from Detective Dubuclet of NOPD and from Deputy Bonura of JPSO.

Testimony of Detective Dubuclet

The State called as a witness Detective Dubuclet of NOPD. Detective Dubuclet testified that on February 16, 2020, he was assigned to NOPD's Fourth District's investigative unit and was responsible for conducting follow-up investigations for all automobile thefts in that district. He testified that on February 16, 2020, he received an auto theft affidavit completed by the owner of a Toyota Tundra truck and began investigating the incident. Detective Dubuclet testified that he received notice from a fellow detective, whom he identified as Detective Rainey, that the apartment complex from which the truck was stolen had security camera video footage of the theft.

Detective Dubuclet testified that he subsequently contacted management at the apartment complex; reviewed the apartment complex security camera video footage; and received a disk with the apartment complex security camera video footage downloaded on it from the apartment complex's manager. He collected the disk with the apartment complex security camera video footage as evidence and brought the disk to NOPD's Central Evidence and Property Section. Counsel for the State then showed a disk to Detective Dubuclet, and he identified the disk as the one with the apartment complex security camera video footage that he collected as evidence in this matter. The juvenile court admitted the disk into evidence.

Next, Detective Dubuclet testified that during the course of his investigation, he learned...