The juvenile, M.W.,
1
was charged by petition in juvenile court with one count of armed robbery, in violation of La. R.S. 14:64 (count 1); one count of armed robbery with the use of a firearm, in violation of La. R.S. 14:64.3 (count 2); one count of simple burglary, in violation of La. R.S. 14:62 (count 3); and one count of resisting an officer, in violation of La. R.S. 14:108 (count 4). M.W. was seventeen years old at the time of the offense. Following an adjudication hearing, the juvenile court dismissed counts 2, 3, and 4, and adjudicated M.W. delinquent on the charge of principal to armed robbery, in violation of La. R.S. 14:64 and La. R.S. 14:24. The juvenile court imposed a disposition of commitment to the Department of Public Safety and Corrections, Office of Juvenile Justice, until M.W.’s twenty-first birthday. M.W. now appeals, designating two assignments of error. For the foregoing reasons, we affirm the adjudication, vacate the disposition, and remand for a new disposition hearing, with instructions.
FACTS
On the evening of February 9, 2022, Uber driver Samantha Kemp was dropping off two young men around Wheeler Avenue in Baton Rouge, Louisiana. Ms. Kemp was driving a 2021 Kia Soul. As the two young men exited the vehicle, one of them pointed a gun at Ms. Kemp and told her to get out of the car while the other, later identified as M.W., demanded that she hand over her cellphone. Ms. Kemp got out of her car, and, after the gunman told her to leave, she fled the scene. Ms. Kemp ran to Wheeler Avenue, where a passerby allowed her to use his phone to call her family. He then escorted Ms. Kemp to a convenience store where she called the police and waited for them to arrive.
Through the vehicles tracking app, the police were able to quickly locate Ms. Kemps Kia Soul near Pompous Street. Corporal Jace Ducote of the Baton Rouge City Police then drove to North Acadian, near Pompous Street, where he saw two young men walking from the parking lot in which the vehicle was located. The two individuals then started running, at which point Corporal Ducote was able to apprehend M.W.
2
After performing a search of M.W. prior to his arrest, Corporal Ducote found a pair of purple Samsung headphones on M.W.’s person. These headphones matched the description of one of the items Ms. Kemp reported missing from her vehicle.
ASSIGNMENTS OF ERROR NOS. 1 & 2
In his first and second assignments of error, M.W. contends that the juvenile court failed to award him credit for time served, and failed to advise him of the time delays in which to seek postconviction relief.
Louisiana Childrens Code article 898(A) states that the court “shall give a child credit for time spent in secure detention prior to the imposition of disposition.” However, a review of the relevant court minutes and disposition transcript confirm that the juvenile court failed to give M.W. credit for time served in secure detention prior to the imposition of disposition. Accordingly, we vacate the disposition and order a new disposition hearing. We order that, at the new disposition hearing, the juvenile court inform M.W. that he is entitled to credit for time served. We further order that the judgment of disposition and minute entry reflect that M.W. be given credit for time served. See State in Interest of T.J., 2015-1945 (La. App. 1st Cir. 4/15/16), 2016WL 1545167, at *3.
While the minutes reflect that M.W. was advised that he had two years to apply for postconviction relief, the disposition transcript reflects that no such notice was provided. If a discrepancy exists between the minutes and the transcript, the transcript must prevail. See State v. Lynch, 441 So.2d 732, 734 (La. 1983); Parent v. Louisiana Department of Safety and Corrections, 2021-0897 (La. App. 1st Cir. 3/3/22), 341 So.3d 804, 808. Accordingly, we find that the juvenile court failed to inform M.W. of the two-year prescriptive period for filing postconviction relief as required by La. Code Crim. P. art. 930.8(C).
Although the Childrens Code contains no similar provision to La. Code Crim. P. art 930.8(C), Louisiana courts have held that this notice should be given to juveniles. See State in Interest of T.J., 2016 WL 154167 at *2 (citing State in Interest of J.F., 2003-0321 (La. App. 3rd Cir. 8/6/03), 851 So.2d 1282, 1287). Therefore, we also order that, at the new disposition hearing, the juvenile court inform M.W. of the two-year prescriptive period for filing postconviction relief as required by La. Code Crim. P. art. 930.8(C). Furthermore, the judgment of disposition and minute entry should reflect this notice regarding postconviction relief. See State in Interest of T.J., 2015-1945 (La. App. 1st Cir. 4/15/16), 2016 WL 1545167, at *2
CONCLUSION
For the foregoing reasons, the adjudication is affirmed. The disposition, however, is vacated, and this matter is remanded for a new disposition hearing, with instructions. Specifically, the juvenile court shall inform M.W. that he is entitled to credit for time served, pursuant to La. Ch. Code art. 898(A). The juvenile court shall also inform M.W. of the two-year prescriptive period for filing postconviction relief as required by La. Code Crim. P. art. 930.8(C). Further, the judgment of disposition and minute entry should reflect M.W.’s notice regarding credit for time served and postconviction relief.
ADJUDICATION AFFIRMED; DISPOSITION VACATED AND REMANDED FOR A NEW DISPOSITION HEARING, WITH INSTRUCTIONS.
FOOTNOTES
1
. Pursuant to Rules 5-1(a) and 5-2 of the Uniform Rules—Courts of Appeal, we refer to the juvenile involved in this matter by his initials rather than his name.
2
. The second individual was later apprehended as well.
WELCH, J.