State Of Louisiana in the Interest of H.C.

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2019 KW 1600

IN THE INTEREST OF H. C.

DECEMBER 11, 2019

In Re: H. C., applying for supervisory writs, 22nd Judicial
District Court, Parish of St. Tammany, No. 9493JJ.

BEFORE: McCLENDON, WELCH, AND HOLDRIDGE, T.T.

WRIT GRANTED. The transcript of July 21, 2016 adjudication
hearing does not reflect the parties agreed to a specific

disposition in exchange for the juvenile' s admissions. Rather,
the transcript reflects that the juvenile entered his admissions
in exchange for the state
agreeing not to pursue transfer
proceedings. The juvenile court imposed the mandatory judgment
of disposition. For this reason, the state failed to
demonstrate that as part of the plea agreement, the juvenile
agreed to a specific disposition. See State in the Interest of
E. C., 2013- 2483 ( La. 6/ 13/ 14), 141 So. 3d 785, 788 (" The party
demanding specific performance of a contract has the burden of

proving its existence."). Therefore, the juvenile court erred

by pretermitting the motion to modify the judgment of

disposition. Accordingly, the juvenile court' s ruling granting
the state' s motion for specific enforcement of the plea

agreement is reversed and the matter is remanded to the juvenile
court for consideration of the juvenile' s motion for
modification of the judgment of disposition. We express no

opinion regarding the merits of the juvenile' s motion to modify
the judgment of disposition.

PMC
JEW

Holdridge, J., concurs.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CL RK OF COURT
FOR THE COURT