2022KW0297 Nonprecedential Writ denied Processed

State Of Louisiana in the Interest of T.T.

Louisiana Court of Appeal, First Circuit · Filed March 30, 2022

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Opinion text

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2022 KW 0297

IN THE INTEREST OF T. T. MARCH 30, 2022

In Re: T. T., applying for supervisory writs, Juvenile Court,

Parish of East Baton Rouge, No. 115732.

BEFORE: McCLENDON, WELCH, AND THERIOT, JJ.

WRIT DENIED.

PMc
MRT

Welch, J., dissents. I find the evidence presented at the
revocation hearing was insufficient to prove that the juvenile
violated the condition to refrain from committing any further
delinquent acts, or the condition to refrain from owning or

possessing a knife, firearm, or any weapon. See State v. Fields,
95- 2481 ( La. App. lst Cir. 12/ 20/ 96), 686 So. 2d 107, 110; State
in Interest of Wright, 387 So. 2d 75, 78 ( La. App. 4th Cir.),
remanded on other grounds, 391 So. 2d 456 ( La. 1980). Further, as

it is unclear from the juvenile court' s ruling whether the court
improperly considered those alleged violations in deciding to
revoke the juvenile' s probation, I would vacate the ruling
revoking the juvenile' s probation and remand this matter to the
juvenile court to reconsider whether revocation is warranted

based on the remaining violations of the two conditions of

probation - to refrain from illegal drug use and to observe a 6

p. m. curfew - which were not disputed. See State v. Rochelle,
38, 633 ( La. App. 2d Cir. 6/ 23/ 04), 877 So. 2d 250, 258.

COURT OF APPEAL, FIRST CIRCUIT

TY CLERK OF COUR
FOR THE COURT