State of Louisiana In The Interest of M. J.

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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT NO 2006 KJ 1902 STATE OF LOUISIANA IN THE INTEREST OF M J Judgment Rendered February 9 Appealed from City of Thibodaux 2007 the Ward Two Of the Parish of Lafourche Louisiana Case No 3539 The Honorable David M Richard Judge Presiding Camille A Morvant II Counsel for District State of Louisiana Attorney Appellee Kristine M Fussell Assistant District Attorney Margaret S Sollars Counsel for Defendant Thibodaux Louisiana M J BEFORE Appellant KUHN GAIDRY AND WELCH JJ GAIDRY J The fourteen year old juvenile MJ as delinquent to So 2d 584 Crosby 338 v in attempted manslaughter would be charged by juvenile petition attempted manslaughter the basis of commission of on violation of La R S 14 27 and 14 31 A under State was MJ entered into plea agreement whereby she pleaded guilty La 1976 exchange for a a two year a which sentence suspended after she served ninety days in juvenile detention MJ reviewing appeals the denial of her motion the record we affirm M J s to quash the petition After adjudication and disposition FACTS On causing 2 20061 to sustain July NC but claims that N C MJ state was filed the hearing was MJ stabbed another a collapsed lung M J does not adjudication instigated the fight placed in the juvenile detention facility petition for delinquency July In on 25 2006 the state hearing reason for the continuance orally a July 3 2006 an The adjudication until July advocacy Center 6 7 or on July investigating detective at that The victim 11 was none subpoena had been served including July not finally able where she 2006 that the victim had been been released from the to go to the was The prosecutor noted that the time and that The date ofthe incident is was moved to continue the continuance the prosecutor hospitalized following the July 2 incident and had I on July 6 2006 and support of its request for explained that the complete deny the stabbing scheduled for July 25 2006 At the hospital several times NC juvenile 2 2006 Children interviewed investigation of the witnesses the state s by the was not attempted to the victim However the 2006 2 petition states that the incident occurred on July 3 The trial healing for August and filed holding a an motion Counsel for MJ 22 2006 to based quash adjudication hearing trial court denied the motion to our decision of State quash and of Louisiana On to MJ adjudication the continuance follow the time limits for to forth in La Ch Code set as the set objected the failure on sought writs in the Interest 17 App 1st Cir 8 06 unpublished writ action application and granted the continuance court art to this court 2006 1587 of M J court denied MJ Crosby plea to this The 877 s In La writ 2 22 August and manslaughter 2006 MJ entered sentenced was following MJ serving ninety days a that would be to two years attempted suspended in juvenile detention DISCUSSION Through court state counseled a assignment of abused its discretion in was unprepared time limits set her motion to to go ruling that error good forward with the forth in La Ch Code art MJ cause argues that the trial was shown when the adjudication hearing within 877 Therefore MJ argues that quash dismiss the petition should have been granted La Ch Code art 877 A Chapter provides If the child of 5 commence this within is continued in the Title custody pursuant to adjudication hearing shall thiIiy days of the appearance to answer the petition B If the child is not adjudication hearing shall commence appearance to answer the petition C If the hearing has custody the within ninety days of the continued not been motion of the child the court shall release custody and shall dismiss the D For 2 This appeal good is before the cause same panel the in commenced a timely upon child continued in petition comi may extend such that reviewed the 3 previous the period writ in this matter The Louisiana La 93 1865 constitutes Supreme 2 28 94 good 632 the cause prepare for a present 745 in Interest that 749 in afR D C Jr considering what mindful of those situations judge should be or ability to state that may impinge its on hearing In the presented good case cause adjudication hearing needed comi stated that through of this no time more ordered a we to that the state interview witnesses case The trial the serious and would require more complex time to record also reflects that the trial note that the psychological continuance of the specifically found fault of the state attempted manslaughter Moreover investigate court The trial comi noted that the state bears the burden of state nature the trial for the extension of the time limitation for the proof and that the had 2d So beyond the control of the causes court Court noted in State evaluation of MJ Finally original hearing date originally determined that September for all pmiies and the trial court to hold the court accommodated the defense request 14 which note we 2006 was a that the possible and set on the circumstances reflected in this record as soon as the August 22 2006 date Based pmiies but the trial hearing hold the a compatible day adjudication hearing to required trial court erred in granting the state s before the state returned which further circumstances motion to nine we cannot say continue and Further many of the for the witnesses and the victim herself progress of this matter impeded denying the trial MJ s 4 court motion elTed in to the days after this incident investigating detective could interview her subpoenas issued by the not was cannot say The victim sustained continuance injuries requiring hospitalization and it we Under these granting quash dismiss were the state s This delinquency assignment of and elTor disposition are is without merit MJ s adjudication affirmed ADJUDICATION AND DISPOSITION AFFIRMED 5 of

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