Summary
discussing the two distinguishable provisions of La. R.S. 14:95 and 14:95(E) —where one provision requires proof of concealment of a firearm "on one's person" and the other requires proof only of a firearm "under his immediate control"—and applying that analysis in a juvenile case to interpret the "on his person" language provided in La. R.S. 14:95.8
Summary of this case from State ex rel. H.D.Opinion
No. 2012–CK–0964.
2012-12-14
STATE in the Interest of T.M.
In re State of Louisiana in the interest of T.M.;—Plaintiff; Applying For Writ of Certiorari and/or Review, Parish of Orleans, Orleans Parish Juvenile Court, No. 2011–145–03–DQ–C; to the Court of Appeal, Fourth Circuit, No. 2011–CA–1238.
On Writ of Certiorari to the Fourth Circuit Court of Appeal.
PER CURIAM.
[2012-0964 (La. 1]Granted in part. Whatever the merits of its analysis that the evidence presented at the hearing did not support defendant's delinquency adjudications for possession of a handgun by a juvenile, La.R.S. 14:95.8, and unauthorized use of a moveable, La.R.S. 14:68.4, the court of appeal erred in dismissing the delinquency petition with prejudice, and discharging defendant from custody. State in Interest of T.M., 11–1238 (La.App. 4 Cir. 3/28/12), 88 So.3d 1228. The delinquency petition also alleged in a third count a violation of R.S. 40:967(C)(2), possession of cocaine. In rendering judgment at the close of the hearing, the juvenile court observed, “Let's first start with possession of crack/cocaine, the Court does adjudicate [defendant] delinquent of possession of scheduled II controlled and dangerous substance.” Defendant did not appeal from that ruling, which is now final. The court of appeal's decision is therefore reversed to the extent that it orders the delinquency petition dismissed altogether and defendant discharged from custody, and the juvenile court's adjudication of delinquency for possession of cocaine and its disposition order as to that count are reinstated. In all other respect, the application is denied.