STATE OF LOUISIANA IN THE INTEREST OF M.H.
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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA IN THE INTEREST OF M.H. * NO. 2001-CA-0059 * COURT OF APPEAL * FOURTH CIRCUIT * STATE OF LOUISIANA * * ******* APPEAL FROM JUVENILE COURT ORLEANS PARISH NO. 00-304-01-QF, SECTION “F” Honorable Mark Doherty, Judge ****** Judge Miriam G. Waltzer ****** (Court composed of Judge Miriam G. Waltzer, Judge James F. McKay III, Judge Dennis R. Bagneris, Sr.) Victor L. Papai, II Supervisor ORLEANS INDIGENT DEFENDER PROGRAM 421 Loyola Avenue, Juvenile Court Unit New Orleans, LA 70112 COUNSEL FOR APPELLANT Harry F. Connick District Attorney Julie C. Tizzard Assistant District Attorney 619 South White Street New Orleans, LA 70119 COUNSEL FOR APPELLEE AFFIRMED Following a trial, Appellant, M.H., a juvenile, was found guilty of possession of heroin (count 01), La. R.S. 40:966(C)(1), and of resisting an officer (count 2) La. R.S. 14:108. As a result, he was committed to the Department of Public Safety and Corrections for a period of time not to exceed his twenty-first (21st) birthday on count one and six (6) months on count two, to run concurrent. By way of this appeal, appellant seeks an errors patent review of the record. La. C.Cr.P. art. 920 defines the scope of appellate review in ordinary criminal matters. That article provides: The following matters and no others shall be considered on appeal: (1) An error designated in the assignment of errors; and (2) An error that is discoverable by a mere inspection of the pleadings and proceedings and without inspection of the evidence. According to the Children’s Code, in delinquency proceedings, such as this, brought pursuant to Title VIII, an appeal may be taken only after a judgment of disposition, and such appeal shall include all errors assigned concerning the adjudication and disposition. La. Ch.C. art. 330B. In State in Interest of H.L.F., 97-2651 (La. App. 4 Cir. 5/20/98), 713 So. 2d 810, this court recognized that while “[n]o statutory provision affirmatively grants courts the authority to review juvenile delinquency proceedings for patent errors”, La Ch.C. art. 104 states that “[w]here procedures are not provided in this Code, or otherwise by law, the court shall proceed in accordance with the Code of Criminal Procedure in a delinquency proceeding …’ Id. at p. 5-6, 713 So. 2d at 813. We then looked to La. C.Cr.P. 920, quoted above, and concluded that all appeals, including those filed in juvenile cases, are to be reviewed for errors patent on the face of the record. Id. (Citations omitted). We have thoroughly reviewed the record pursuant to La. C.Cr.P. art. 920 and have discovered no errors patent on its face. Thus, we are compelled to affirm the conviction and sentence imposed on appellant by the juvenile court. AFFIRMED
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