State of Louisiana In The Interest of K. C.
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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT 2009 KJ 0657 STATE OF LOUISIANA IN THE INTEREST OF K C Judgment On EP 1 1 20l rendered Appeal from the Juvenile Court Parish of East Baton Rouge State of Louisiana Suit Number 94 342 Division A The Honorable Kathleen S Richey Judge Presiding HilIar C Moore III Counsel for Plaintiff Appellee District State of Louisiana Attorney Gail D Adkins Stacy Baton Attorney L Wright Rouge LA Joseph Baton Office of District K Scott III Rouge LA BEFORE Counsel for Defendant Appellant K C DOWNING GAIDRY AND McCLENDON JJ DOWNING J K C of count a child alleged was simple criminal damage violation of La R S 14 56 and violations of La RS delinquent court juvenile on to the Following in the custody a of the for six months petition counts I counts I on an and II count I the Department of Public Safety on the count II to reasons we affirm the run court concurrently and placed now with the dispositions imposed but consecutively with the The child 94385 placement appeals challenging the sufficiency support the adjudication of delinquency to following the count I disposition imposed under evidence and III custody of the Department of Public Safety and Corrections Office of Juvenile Justice under on a following disposition hearing Corrections Office of Juvenile Justice for six months the child in the alleged as one count I counts II allegations and adjudged delinquent count III 500 aggravated assault He denied was placed the child property damage less than of alleging 94342 delinquent by petition two counts 14 37 K C adjudication hearing but not to be on count I and II of the For the adjudication of delinquency and disposition on and II FACTS On August Brentwood p m the was in the living victim heard sounds of metal parked on pointing bullet stated a or saw K C never Thc child scparately adjacent together his 1986 car a He living boys standing across thought K C from his State in the Interest of K J C 2009 0658 La was going She adjudication of delinqucncy 09 ApI 1 st Cir or the 2 the Suddenly 1998 LeBaron street K C what it to was was a to shoot him the victim count So 3d on 9 30 opened the door pleaded on their home approximately At Rouge at television to the know about you know appeals were The victim testified he did not know When asked if he well you watching and two other gun at the victim gun room repeatedly striking the side of the house investigate and in Baton Goodwood Boulevard near couple 3 2008 the victim Jose Carreo and his wife with him not to go II undcr pctition i94385 S outside but he an effort outside anyway and the victim went defend his wife and because he to toward K C K C and the other before the victim reached K C The victim had not ground On the visiting night of the her children incident at for Stewart had shooting ten fifteen minutes or shooting the stop at seen across the street with Also on investigated shooting scene a standing a a a August 3 2008 Baton at the a a out K C truck pistol shooting the BB which had been gun Stewart called the the cheek by a Prior BB up and down the street s 2000 Chevrolet Cavalier himbut Stewart had t wasn She shooting Stewart saw K C and Cedric wearing as a skull cap and a black T shirt at the When Officer Cullen arrived the person shooting the gun K C was Officer Cullen asked K C where the BB gun located and K C took Officer Cullen BB gun was Rouge City Police Officer Cary Joseph Cullen black male pointed of rear the on walking replied it Goodwood Boulevard on black female Jacinto Stewart BB gun report of BB gun K C out m Stewart had heard K C and Cedric that time Immediately after him with the gun Cedric and at her brother in Iaw chill to during shoot his vehicle 9 00 p accidentally struck began walking throw the gun to the Goodwood Boulevard K C and seen Also sign told K C and Cedric was to In police arrived however the guys saw approximately on the victim The out given anyone permission police after the grandmother to the and the victim wife followed him outside mad was boys panned grandmother s s to the front of the truck and lying by the front driver He claimed that he had could not remember and whom he could not describe side tire s given the gun picked to a man up K C whose a was black denied name he and the man had used the gun SUFFICIENCY OF THE EVIDENCE In assignment adjudicating the actual him of error delinquent damage number 1 on count I the child argues the because there to the vehicle and of 3 his identity was as juvenile court erred in insufficient evidence of the person who shot the vehicle with the BB gun juvenile court erred in pointed him adjudicating insufficient evidence he used who assignment of In a delinquent dangerous charges a child with delinquent a evidence in the favorable most light applies This standard of review a delinquent or juvenile proceedings Interest of D F App 1084 85 writ denied 08 1540 The Jackson v La La 3 27 09 Virginia standard of review for 4 5 pp 443 U S When provides that assuming 3d So incorporated in victim alone Interest of D M 97 0628 p 6 La was proved that proceed identity s in accordance with w here procedures tlhc 61 L Ed 2d 560 8212 is evidence hypothesis 7 11 97 are as an La objective required not R S for 15 438 of innocence The testimony provided to 704 So 2d 786 of the 790 rather than negate any reasonable in this Code a State State in the the perpetrator Code of Criminal Procedure in 4 So 2d 1082 the evidence tends to prove in 1st Cir App committed the State is Pursuant to La Ch C art 104 991 the elements of the offense key issue is the defendant whether the crime shall to prove State in the 10 B S art 08 0182 at p 5 991 So 2d at 1085 is sufficient the scope of review of both direct and circumstantial analyzing circumstantial every fact to be child is a 138 La C CrP order to convict it must exclude every reasonable in the Interest of D F reasonable doubt 99 S Ct 2781 307 testing the overall evidence reasonable doubt a 1st Cir 6 6 08 5 art 883 viewing the juvenile proceedings in which to However in 08 0182 after not beyond La Const art V court the person it has the burden of act this court extends to both law and facts When the as was any rational trier of fact prosecution the to could have found the essential elements of the offense standard identity reasonable doubt La Ch C a appeal the applicable standard of review is whether 1979 there count II because on weapon and of his proving each element of the offense beyond adjudicated the child argues the the BB gun at the victim When the State On number 2 error or otherwise delinqucncy proceeding by law thc probability of misidentification be sufficient to 96 2511 p 3 Positive identification support the defendant La conviction s 1 st Cir 6 20 97 App by only one witness may State in the Interest of L C 696 So 2d 668 670 SIMPLE CRIMINAL DAMAGE TO PROPERTY Simple criminal damage property of another without the La R S fire or 14 55 property is the intentional damaging of any to aggravated criminal damage La R S explosion and whether are the is scene or principals not knowingly participate in concerned directly La R S enough to At the only the to those was damage caused by never La another R S but does not provided in other than means whether present or aid and constituting the offense counselor procure another to commit execution of making in passed Only those persons who crime may be said to be a them liable presence at mere as principals A principal requisite mental regard to count I passing the the juvenile state exactly require cause the B s legally cognizable damage how much it would cost to because the vehicle requires found it to the person who did shoot it and that the gun did not was non court gun back and forth and that if damaged by the ping ping ping of the B the BB gun 14 56 A or were stated old and because the vehicle act a crimes for which he has the argues that the BB because the victim crime any as 08 0182 at p 5 991 So 2d at 1085 K C did not shoot the gun he K C of him in the crime planning adjudication hearing broken vehicle by However the defendant s 14 24 that K C and another individual s indirectly concern State in the Interest of D F victim or in its commission thus may be connected property commISSIOn they directly commit the abet in its commission the crime to and except owner 14 56 A All persons concerned in the absent of the consent was repair approximately the 20 years functional intentional damage 5 to damaging be of any of any property of particular amount The sentence for applicable is less than damage R S 14 56 B 500 In the instant 500 testified that his vehicle running 1 000 approximately worth shot by the BB gun would K C required the to door to the victim ultimately shooting directly most doubt and her children to the State of that simple on no K C manifest s was being error and viewing a was Cedric K C being BB gun the State was in shortly before the up and down another vehicle and also able to take Officer the scene to Additionally concerning property and K C after court in its count I in the beyond hypothesis of law and facts in reasonable innocence the identity as a s undertaking a a our state juvenile proceeding s we adjudication of delinquency based principal to simple criminal damage to AGGRAVATED ASSAULT 6 car shooting the at was the evidence damage car was paint job walking were sign shooting at not knowingly participated could have found proven by the juvenile a to count I that he to holding the gun when he opened the grandmother constitutionally mandated review of the find him principal s car or the stop criminal offense resulting from the saw the on The victim convertible but it repaired with the exclusion of every reasonable essential elements of perpetrator s delinquent sufficient Stewart indicated that car K C at trier of fact favorable to vehicle shooting be a the BB gun when he arrived to Any rational light at s car as The victim testified that K C Goodwood Boulevard Cullen guilty investigate who had shot his shooting of See La or more He also indicated however that the show that K C shot the victim shooting upon whether the damage amounting was Labaron of the witnesses in order to prove K C However was with the and that the little holes none 50 000 K C damage 98 or require that the also argues that of depends or alleged property amount the time of the incident at to 86 was an 50 000 the State case proof of any Thus 14 56 A 500 to less than simple criminal damage basis of his less than violation of La R S property Assault is to commit attempt an another in reasonable Aggravated assault is of apprehension battery a receiving assault committed with an the intentional or a battery dangerous a R S La of placing 14 36 RS La weapon 14 37 A Dangerous which instrumentality or in the great bodily harm dangerous includes weapon manner R S La any liquid gas used is calculated 14 2 A 3 A other or or likely can toy gun Woods 97 0800 p writ denied 98 3041 At the that K C can from or be across some although the was only one 207 La likely to death injury often results has because count II weapon was not juvenile was See 1239 court surprised and necessarily 20 So 2d 741 produce at least to escape dealing blow was an or found angry and death likely 743 or to R S 7 can or however a will without neither use of any gun in assailant any of these or to attempts repelling an assaulted to the person Moreover the victim of the assault in toy the stated result State to wrest the gun from the making a aggravated assault 14 2 3 The great bodily harm and in even great bodily harm produce 1944 that likely to produce death instrumentality that an which in itself is 161 recognized calculated Under the definition of La weapon is not some the to count II jurisprudence street the BB gun the because he may attempt to him a 741 So 2d 1281 gun at the victim and the victim dangerous a Johnston for his life 713 So 2d 1231 1st Cir 6 29 98 App intervening circumstance produce assault is be considered C to defend his wife thereunder is it v a great bodily harm dangerous La La 4 199 argues that K C 11 adjudication hearing in regard pointed approached K gun produce death highly charged atmosphere whereby there a danger of serious bodily harm resulting from the victim s fear v or weapon if the fact finder determines that the interaction between the offender and the victim created State to substance deliver serious the assailant bodily 744 timely arrival fortunately prevented physical confrontation Officer Cullen s harm between the victim and K C not a weapon in the dangerous K C count II at manner least three not come home from the victim boys in the victim tell if K C was walking had consumed two beers at absolutely conceded it see mean or sure was all three s view the that K C and the other not dropped the pointing that the BB gun his assailant as the street boys a was doubt ran gun gun at him during the to The victim conceded he were K C when the lights on his property and he could also references police came testimony from out to the juvenile could have found proven aggravated assault and Additionally after undertaking review of the law and facts in the court in its a K C our scene Stewart Stewart juvenile proceeding adjudication assignments s of delinquency of error are without merit 8 identity s we count II in the beyond a reasonable of innocence hypothesis state of aggravated assault These The victim his assailant as the exclusion of every reasonable essential elements of that offense time indicate that she viewed the throw down of the weapon most favorable to the State and view and other poor Any rational trier of fact viewing the evidence concerning light to on party earlier during the evening but also indicated he of his identification of K C across lighting the street toward him dark but indicated there boys however did a in the used another boy across at party where he had been drinking there a The victim indicated he viewed K C was not identification of him s injured no one was constitutionally insufficient because the victim had little time was witnesses could he him The fact that case also argues that the victim the suspect he had were in this on between K C and the victim however does encounter was or death See Johnston 20 So 2d also may inflict great as the the perpetrator of constitutionally mandated find based no on manifest K C s error by commission DECREE For the disposition on above count I reasons and we affirm the adjudication of delinquency and AND DISPOSITIONS ON count II ADJUDICATIONS OF DELINQUENCY COUNT I AND COUNT II AFFIRMED 9
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