State Of Louisiana In The Interest Of C.R.

Supreme Court of Louisiana
September 27, 2021
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA IN THE INTEREST
OF C.R. No. 2021-CK-01152
_ _ _ _
_ _
IN R
E: C. R. - Applicant Other; Applying For Writ Of Certiorari, Parish of Orleans
Criminal, Orleans Juvenile Court Number(s) 2019-073 -09-DQC, Court of Appeal,
Fourth Circuit, Number(s) 2021-CA-0209;
_ _ _ _ _ _
September 27, 2021
Writ application granted. See per curiam.
Crichton, J., concurs with result.
Griffin, J., concurs with result.
JLW
JTG
WJC
JBM
09/27/2021 "See News Release 036 for any Concurrences and/or Dissents."

09/27/21
S
UPREME COURT OF LOUISIANA
N
o. 2021-CK-01152
S
TATE OF LOUISIANA
I
N THE INTEREST OF C.R.
ON
WRIT OF CERTIORARI TO THE COURT OF APPEAL,
FOURTH CIRCUIT, PARISH OF ORLEANS
P
ER CURIAM:
W
rit granted. C.R. was adjudicated delinquent for violation of La.R.S. 14:39 on
September 17, 2019. On that same day, the trial court imposed a sentence of six
months in the custody of the Office of Juvenile Justice, suspended, and placed C.R. on
active probation for a term of two years, with special conditions. The court of appeal
affirmed. State in Interest of C.R., 19-0917 (La. App. 4 Cir. 1/29/20), 290 So.3d 220.
On February 22, 2021, the trial court ordered C.R.’s mother to make restitution
to the victim’s family. C.R. objected to the order of restitution and sought review in the
court of appeal. The court of appeal found that C.R.’s sentence was illegal because the
two-year probationary term exceeded the statutory maximum of one year of probation
pursuant to La.Ch.C. art. 900, and amended the disposition to impose a one-year active
probation term, terminated the probation because more than one year had elapsed, and
removed C.R.’s mother from the order of restitution. The court affirmed in all other
respects the judgment fixing the amount of restitution. State in Interest of C.R., 21-
0209 (La. App. 4 Cir. 7/14/21), ___So.3d___, available at 2021 WL 2956049.
C.R.’s active probation term of two years exceeded the statutory maximum of
one year, and thus his active probation should have expired on September 17, 2020.

2

La.Ch.C. art. 313(A)(5) provides that a juvenile court’s duration of jurisdiction over
proceedings ends upon the “[e]xpiration, satisfaction, or vacation of a juvenile
disposition or adult sentence.” Because C.R.’s disposition was no longer in force as of
September 17, 2020, see La.Ch.C. art. 900(A), the disposition had expired, and the
juvenile court lacked jurisdiction to fix the amount of restitution several months later
on February 22, 2021.
Accordingly, the juvenile court’s order fixing the restitution amount is hereby
vacated.