State ex rel. of I.P.

hi respectfully dissent.

I agree with the majority’s conclusion that the juvenile judge erred in failing to grant I.P.’s motion to dismiss: “All objections to the proceedings, including objections based on defects in the petition and defenses capable of determination as a matter of law, may be raised by motion to dismiss.” La. Ch.C. art. 875 (emphasis added). But I dissent from the result. In my opinion, the proper relief is to dismiss the petition.1

La. Ch.C. art. 804(3) in pertinent part defines a “delinquent act” to mean:

an act committed by a child of ten years of age or older which if…