In re State in Interest of T.C.
In re State in Interest of T.C.
Opinion of the Court
T.C.,
*718FACTS
Testimony adduced at the adjudication hearing revealed that on September 15, 2017, two sixth-grade students engaged in a physical altercation at Woodlawn Middle School in Baton Rouge, Louisiana. According to the victim, M.J., T.C. approached him between classes, said "let's fight," and struck him twice in the face. T.C. was wearing a metal wristwatch with sharp protrusions, and the watch contacted M.J.'s face during the second strike. The wound from the second contact began to bleed, and it eventually led to a scar, which was visible at the adjudication hearing. M.J. testified that the wound did not hurt, but later testimony from M.J.'s mother revealed it required nine stitches in the hospital that day. M.J. returned to school the following day. M.J.'s mother also authenticated a video of M.J.'s injuries, which was taken at the hospital and was played for the court. Additional photos of the injury and of the wristwatch, taken by an investigating sheriff's deputy, were also admitted into evidence. The deputy, Sergeant Calvin Praider with the East Baton Rouge Sheriff's Office, testified that T.C. told him in an interview that M.J. was teasing him about not advancing from the sixth grade to the seventh grade, and that was why T.C. struck him. T.C. admitted to striking M.J., who did not strike him first. T.C. told Sgt. Praider that the watch fell off after he hit M.J. and that he picked it up and ran away. T.C. testified that the watch belonged to his mother and that he knew it was too big for his wrist and hung loose. He also stated that he and M.J. had gotten into a fight the previous year, but that no one knew about it.
T.C. does not argue that he did not cause serious bodily injury to M.J. In his sole assignment of error, T.C. argues that the State did not provide sufficient evidence to establish that he had the specific intent to cause serious bodily injury to M.J. when he struck him. In support, T.C. points to some of the court's reasoning when ruling on the adjudication. Specifically, T.C. urges that the juvenile court demonstrated a mistaken belief that second degree battery is a general intent crime. T.C. correctly notes that aggravated battery only requires general intent. He claims that when the juvenile court adjudicated T.C. delinquent of the lesser-included offense of second degree battery, the court erroneously applied that general-intent analysis to a specific-intent crime. In contrast, the State argues the evidence, viewed in the light most favorable to the prosecution, supported beyond a reasonable doubt that T.C. committed a battery without consent, with the intent to inflict serious bodily injury on M.J.
In a juvenile adjudication proceeding, the State must prove beyond a reasonable doubt that the child committed the delinquent act alleged in the petition. LSA-Ch.C. art. 883. The burden of proof, beyond a reasonable doubt, is no less severe than the burden of proof required in an adult proceeding. State in Interest of S.T.,
Louisiana Revised Statutes 14:34.1 provides, in pertinent part, that second degree battery is a battery
The trier of fact, in this case, the juvenile court, is charged with making credibility determinations. Credibility determinations, as well as the weight to be attributed to the evidence, are soundly within the province of the fact finder. State ex rel. T.C.,
T.C. acknowledged striking M.J., although he explained that he did not intend to strike M.J. with the watch. T.C. testified that he knew the watch was loose on his wrist, and "probably compressed with [M.J's] face or something." The juvenile court found that T.C. did not have the specific intent to inflict serious bodily injury. In adjudicating T.C. delinquent, the court declared that T.C. "did not have the intent to cause that injury, but he intended to punch [M.J.]." The court noted the watch must have "slipped down" to the back part of T.C.'s hand, and consequently inflicted the injury without T.C.'s specific intent to do so. Based on the record, we cannot say that the juvenile court was clearly wrong in so concluding. However, the juvenile court's language is indicative of its conclusion that T.C. had general intent to commit the offense of second degree battery, which is not sufficient for a finding of delinquency. The juvenile court, while we accept its appreciation of the facts, committed legal error in applying a general intent standard to a specific intent crime.
Given the juvenile court's determination that T.C. did not have the specific intent to cause the disfigurement to M.J., after our own thorough review of the record, and considering the evidence in the light most favorable to the State, we are constrained to find that the evidence does not support the juvenile court's adjudication of delinquency based on the commission of second degree battery. This assignment of error has merit.
While we find insufficient evidence to support the adjudication of delinquency based on the commission of second degree battery, the discharge of T.C. from supervision is not warranted. The discharge of a juvenile is neither necessary nor proper when the evidence supports a conviction on a lesser and included offense that is a legislatively authorized responsive verdict. State ex rel. B.L.,
CONCLUSION
For the foregoing reasons, we vacate the adjudication of delinquency for second degree battery and enter an adjudication of delinquency for simple battery. We vacate the disposition and remand for disposition on the modified adjudication consistent with our opinion herein.
ADJUDICATION OF DELINQUENCY MODIFIED; DISPOSITION VACATED; AND REMANDED.
Whipple, C.J. dissents and assigns reasons.
Pursuant to Rules 5-1(a) and 5 -2 of the Uniform Rules-Courts of Appeal, the initials of the minors involved in this matter will be used instead of their names.
In the absence of specific procedures provided by the Louisiana Children's Code, the court shall proceed in accordance with the Louisiana Code of Criminal Procedure. See LSA-Ch.C. art. 803.
Battery is the intentional use of force or violence upon the person of another. LSA-R.S. 14:33.
T.C. concedes that the State established the first two elements.
The responsive verdicts for aggravated battery, pursuant to LSA-C.Cr.P. art. 814, are as follows:
18. Aggravated Battery:
Guilty.
Guilty of second degree battery.
Guilty of simple battery.
Not guilty.
Dissenting Opinion
In his sole assignment of error, T.C. argues that the State did not provide sufficient evidence to establish that he had the specific intent to cause serious bodily injury to M.J. when he struck him. In support, T.C. points to some of the court's reasoning when ruling on the adjudication. Specifically, T.C. contends that the comments of the juvenile court demonstrate a mistaken belief that second degree battery is a general intent crime, thereby warranting that the adjudication be vacated and modified to a disposition of delinquency for simple battery. I disagree.
Pursuant to LSA-R.S. 14:34.1 :
A. Second degree battery is a battery1 when the offender intentionally inflicts serious bodily injury[.]
In order to prove a second degree battery, the State must prove the juvenile: (1) committed a battery upon another, (2) without his consent, and (3) intentionally inflicted serious bodily injury. State v. Young, 2000-1437 (La. 11/28/01),
However, Louisiana jurisprudence contemplates a wide range of conduct, resulting in a wide range of consequences, considered to be evidence of specific intent to cause serious bodily injury. See State v. Fuller,
In the instant case, according to the testimony of M.J., T.C. approached him from behind and struck him twice in the head. T.C. was wearing a watch with a metal wristband that aggravated the injuries to M.J. Although M.J. claimed at the adjudication hearing that the injury did not hurt still, his mother testified that the wound in fact required nine stitches and left a lasting scar, which required the application of a medical ointment for a year.
In adjudicating T.C. delinquent, the juvenile court judge, as the trier of fact, clearly accepted the testimony of the State's witnesses and found that the essential elements of second degree battery were proven beyond a reasonable doubt. T.C. acknowledged striking M.J., although he claimed that he did not intend to strike M.J. with the watch. T.C. testified that he knew the watch was loose on his wrist, and offered the explanation that it "compressed with [M.J's] face or something." However, the juvenile court found the State proved that T.C. had the specific intent to cause M.J. a serious bodily injury by striking him with a watch. Moreover, the blows did cause M.J. obvious disfigurement. While the injury is on the "low end" of the scale of severity, this is also apparently reflected in the relatively light disposition T.C. received. Notwithstanding the semantics of the juvenile court's stated reasoning, it applied the specific intent standard when adjudicating T.C. delinquent. The juvenile court recognized the watch was not a deadly weapon per se when it found T.C. not guilty of aggravated battery. As evident from the juvenile court's comments, the watch was still viewed as the key instrumentality of damage coming from the punches, which resulted in a finding of second degree battery. Although the court said he "did not have the intent to cause that injury," the court went on to correctly note, "[y]ou don't have to intent [sic] that particular injury occur." The juvenile court then reasoned that while that specific serious injury was not intended, the fact that T.C. struck M.J. from behind with the watch on T.C.'s hand was proof of T.C.'s intent to inflict a serious injury.
Accordingly, after a thorough review of the record, and considering the evidence in a light most favorable to the State, I find the record supports the juvenile court's adjudication. After undertaking the mandated review of the law and facts in a juvenile proceeding, I am unable to conclude that the juvenile court's finding was manifestly erroneous or clearly wrong. Thus, I respectfully dissent and would affirm the juvenile court's adjudication of delinquency based on the commission of second degree battery.
We note that Judge Anthony J. Graphia presided over the adjudication hearing and Judge White presided over the disposition hearing.
Battery is the intentional use of force or violence upon the person of another. LSA-R.S. 14:33.
Here, T.C. concedes the State established the first two points.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.