State v. J.R.S.C.
Also decided on this docket: La., June 1, 2001 788 So. 2d 424
State v. J.R.S.C., 788 So. 2d 424 (La. 2001).
Cited by
- State Of Louisiana In The Interest of D.D. La. Ct. App. 1st Cir. 2024
- State of Louisiana in the Interest of R.R. B. La. Ct. App. 3d Cir. 2022
- State of Louisiana in the Interest of M.S. . La. Ct. App. 4th Cir. 2020
- State ex rel. J.C. 134 So. 3d 611 La. Ct. App. 1st Cir. 2013
- State Ex Rel. Dr 51 So. 3d 121 La. Ct. App. 4th Cir. 2010
- State ex rel. D.R. 51 So. 3d 121 La. Ct. App. 1st Cir. 2010
- State Ex Rel. Nh 11 So. 3d 27 La. Ct. App. 1st Cir. 2009
- State ex rel. N. H. 11 So. 3d 27 La. Ct. App. 1st Cir. 2009
- State v. Thomas 2 So. 3d 1181 La. Ct. App. 2d Cir. 2009
- State, in Interest of Jco 877 So. 2d 1020 La. Ct. App. 2d Cir. 2004
- State in the Interest of Ch La. Ct. App. 3d Cir. 2004
- State ex rel. C.H. 865 So. 2d 947 La. Ct. App. 1st Cir. 2004
Opinion text
PER CURIAM. Granted. This case is remanded to the juvenile court for consideration of relator’s motion to modify the judgment of disposition. The provisions of the Children’s Code “shall be liberally construed to the end that each child and parent coming within the jurisdiction of the court shall be accorded due process and that each child shall receive ... the care, guidance, and control that will be conducive to his welfare.” La.Ch.C. art. 102. La.R.S. 15:906(A)(2) further provides that it is the “public policy of this state that commitment of a juvenile to the care of the [Department of Corrections] is not punitive nor in anywise to be construed as a penal sentence, but as a step in the total treatment process toward rehabilitation of the juvenile .... ” We therefore consider a juvenile’s motion to modify the judgment of disposition pursuant to La.Ch.C. art. 909 the equivalent of a motion to reconsider sentence filed by an adult offender pursuant to La.C.Cr.P. art. 881.1 for purposes of La.C.Cr.P. art. 916(3), which permits a district court to “[cjorrect an illegal sentence or take other appropriate action pursuant to a properly made or filed motion to reconsider sentence” despite the pendency *425 of an appeal. The sole difference between the two motions is that the juvenile may file his motion to modify the judgment of disposition at any time while the disposition is in force, whereas an adult offender’s motion to reconsider sentence must be filed within 30 days of original sentencing unless the trial court enlarges that time period. La.C.Cr.P. art. 881.1(A)(1). VICTORY, J., concurs.