In re D.K.

JACKSON, Judge.

D.K. (“the juvenile”) appeals the 8 October 2008 order that adjudicated him delinquent for larceny For the reasons stated herein, we affirm in part and remand for a new trial.

On 23 April 2008, the juvenile’s normal teacher was absent, and he was placed into Ms. Carmen Barrantes’s (“Barrantes”) classroom. Near the end of the class period, Barrantes asked the students to put their chairs on their desks and wait for her dismissal. At this time she noticed that the juvenile, then eleven years old, had picked up her fisherman flashlight visor (“visor”), worth approximately $6.00.…