REGINA BARTHOLOMEW-WOODS, Judge.
In this juvenile delinquency appeal, J.C.
On May 26, 2018, Benjamin Shelton ("Mr. Shelton") drove from Alexandria, Louisiana to New Orleans, Louisiana to attend the Bayou Country Superfest. Mr. Shelton purchased a three (3) day parking pass, and parked his black 2015 Chevrolet pick-up truck in a parking lot located at 1001 Loyola Avenue. On the following Monday, May 28, 2018, Mr. Shelton returned to his vehicle and discovered that the back glass was shattered. Also, two (2) guns, a .45 caliber handgun and a Remington 870 shotgun, were missing from the vehicle. In response to the report of a burglary, New Orleans Police Department ("NOPD") Officer Patrick Garner ("Officer Garner") and Detective Michael Cure ("Det. Cure") arrived at the parking lot. Also, crime scene technicians arrived at the scene, dusted for fingerprints, and sought DNA samples. Together, Officer Garner and Det. Cure, watched video surveillance of the incident.
Based on his observations, Det. Cure relayed a description of the suspects to other NOPD Sixth District officers. Det. Cure testified that on the following day, May 29, 2018, he saw an individual who matched his description of the second suspect.
On June 4, 2018, J.C. was charged by delinquency petition with attempted simple burglary and resisting an officer. On June 11, 2018, J.C. entered a plea of not guilty. On July 10, 2018, the juvenile court conducted an adjudication hearing; J.C. was adjudicated delinquent of attempted simple burglary and attempted resisting an officer. The juvenile court ordered a predisposition investigation.
On appeal, J.C. raises one (1) assignment of error: whether the juvenile court erred in adjudicating J.C. delinquent because the evidence was insufficient to sustain a delinquent adjudication.
This Court adheres to a practice of conducting an errors patent review in juvenile delinquency cases. State in Interest of W.B., 2016-0642, p. 4 (La. App. 4 Cir. 12/7/16), 206 So.3d 974, 978; See State in the Interest of S.J., 2013-1025, p. 4 (La. App. 4 Cir. 11/6/13), 129 So.3d 676, 679 (citing State in the Interest of A.H., 2010-1673, p. 9 (La. App. 4 Cir. 4/20/11), 65 So.3d 679, 685). A review of the record in this case revealed no errors patent.
Here, J.C.'s sole assignment of error addresses the sufficiency of the evidence. This Court has stated
State in Interest of K.L., 2016-1151, p. 3 (La. App. 4 Cir. 4/10/17), 217 So.3d 628, 630.
J.C. was charged with attempted simple burglary, a violation of La. R.S. 14:27
This Court, in State in Interest of Nelson, 533 So.2d 91 (La. Ct. App.1988), found the evidence sufficient to affirm a juvenile's adjudication of delinquency for attempted simple burglary. In Nelson, the juvenile was "[c]aught in the act of scraping fresh putty from the window the only reasonable hypothesis is that appellant was trying to remove the pane so that he could enter the house. The question is what was his purpose or intention for breaking into the house. The trial court found that his intention was to commit a theft of felony and the evidence does exclude any other reasonable hypothesis." Id.
Here, J.C.'s adjudication of delinquency rests on Det. Cure's observation of the surveillance footage. Admittedly, Det. Cure saw J.C. make "some motions" toward Mr. Shelton's truck, but not enter into the vehicle or remove any items from the vehicle. However, J.C. actions must be considered in light of Det. Cure's observations of the first suspect who "[w]ent into the vehicle, took some things out of it, got back on the bicycle and fled." Det. Cure further testified that "a short time later," J.C. arrived on the "exact same bicycle" that the first subject had ridden to the scene. Additionally, Det. Cure observed J.C. pull on the door handle, likely in an attempt to make entry, of another vehicle parked in close proximity to Mr. Shelton's vehicle. This Court noted that "our jurisprudence reflects that `when circumstantial evidence forms the basis of [a] conviction, such evidence must consist of proof of collateral facts and circumstances from which the existence of the main fact may be inferred according to reason and common experience.'" Id. This Court also recognized that "the elements must be proven such that every reasonable hypothesis of innocence is excluded." Id. The actions of the first subject and J.C., when coupled together, provide evidence sufficient to adjudicate J.C. delinquent of attempted simple burglary.
J.C. was adjudicated delinquent of attempted resisting an officer, in violation of La. R.S. 14:108, which provides, in pertinent part, that "[r]esisting an officer is the intentional interference with, opposition or resistance to, or obstruction of an individual acting in his official capacity and authorized by law to make a lawful arrest, lawful detention, or seizure of property or to serve any lawful process or court order when the offender knows or has reason to know that the person arresting, detaining, seizing property, or serving process is acting in his official capacity."
At the adjudication hearing, Det. Hickman testified that, based on the description provided by Det. Cure, she observed J.C., stopped and exited her vehicle; J.C. ran "less than three [3] feet" and was detained by Det. Hickman. She also testified that Det. Cure arrived and was able to "positively identif[y]" J.C.
J.C.'s adjudication of delinquency for attempted resisting an officer is based on J.C. running "less than three [3] feet." According to La. R.S. 14:108(B)(1)(a), obstruction can be "[f]light by one sought to be arrested before the arresting officer can restrain him and after notice is given that he is under arrest." This Court has reasoned that "[a]lthough there is no requirement that the defendant be given any particular type of notice, an essential element to a conviction under R.S. 14:108 is "the defendant's knowledge of his arrest or impending detention. State v. Knowles, 40,324, p. 19 (La. App. 2 Cir. 12/30/05), 917 So.2d 1262, 1273 (citing State v. Nix, 406 So.2d 1355 (La.1981); State v. Hines, 465 So.2d 958 (La. App. 2 Cir.1985))." State in Interest of J.T., 2011-1646, p. 18 (La. App. 4 Cir. 5/16/12, 18), 94 So.3d 847, 859.
This Court, in State in Interest of S.P., 2011-1598 (La. App. 4 Cir. 5/2/12, 8), 90 So.3d 528, 534, affirmed a juvenile's adjudication of delinquency and reasoned that it was "undisputable that [the juvenile] knew they were police officers acting in an official capacity." Here, Det. Hickman, clearly outfitted in an NOPD polo shirt, acted in her official capacity and had reasonable suspicion when she arrested J.C. The evidence is sufficient to adjudicate J.C. delinquent of attempted resisting an officer.
For the aforementioned reasons, the evidence is sufficient to adjudicate J.C. delinquent of attempted simple burglary and attempted resisting an officer. Accordingly, J.C.'s delinquency adjudication and corresponding disposition is