State v. Aulph

114 So. 3d 610, 2013 WL 2217961, 2013 La. App. LEXIS 1003
CourtLouisiana Court of Appeal
DecidedMay 22, 2013
DocketNo. 47,966-KA
StatusPublished
Cited by5 cases

This text of 114 So. 3d 610 (State v. Aulph) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Aulph, 114 So. 3d 610, 2013 WL 2217961, 2013 La. App. LEXIS 1003 (La. Ct. App. 2013).

Opinions

MOORE, J.

|TThe defendant, Gary Lee Aulph, was convicted of failure to register as a sex offender, second offense, in violation of La. R.S. 15:542.2.1. He received a sentence of [612]*61220 years’ imprisonment at hard labor without benefit of parole, probation or suspension of sentence. This appealed followed. For the following reasons, we affirm the defendant’s conviction and sentence.

FACTS

On October 24, 2011, the defendant, Gary Lee Aulph, was charged by a second amended bill of information with failure to register as a sex offender, second offense, in violation of La. R.S. 15:542.2.1. According to the bill of information, Aulph failed to register and/or update his registration between April 16, 2009 and September 27, 2009. A jury trial commenced against him on April 16, 2012.

Renee Johnson, a deputy sheriff with the Ouachita Parish Sheriffs Office, testified that she has worked in the sex offender registration office since July of 2007. According to Johnson, Aulph was previously convicted in California for committing two different sex crimes involving minors. Following his release from prison, Aulph relocated to West Monroe, Louisiana, to live with his parents. In accordance with Louisiana’s sex offender registration statutes, Aulph first reported for registration with the Ouachita Parish Sheriffs Office on October 27, 1997. At that time, Louisiana registration laws, La. R.S. 15:540 et seq., required him only to register annually for a period of 10 years. As such, Aulph’s registration period was scheduled to end on October 27, 2007.

LAulph was subsequently arrested, however, for failure to register between August and November of 2005. On July 11, 2007, he was convicted of first offense failure to register as a sex offender and sentenced to a period of imprisonment. Johnson said that since Aulph had failed to complete the 10-year registration requirement, he was required to continue registering as a sex offender upon his release from prison. Thus, when the defendant was paroled in March of 2008, the new 2008 amendments to the registration statutes became applicable to him.

These 2008 amendments classified offenders in one of three tiers, which was determined by the seriousness of their offenses. Tier I offenders would be required to register annually for life; Tier II offenders would register bi-annually for life; and Tier III offenders must register quarterly for life. Regardless of them tier status, all offenders were required to notify the registration office of any change in their registered address. Also, until an offender is formally classified as a Tier, I, II, or III offender, he is treated as a Tier III offender.1 See La. R.S. 15:544.

Thus, from the time he was paroled in 2008 until the time he received his official tier status on September 23, 2010, Aulph was treated as a Tier III offender and required to register quarterly. The state introduced into evidence a sex offender registration form signed by Aulph on March 31, 2008, in which he acknowledged that he was expected to register with the sheriffs office quarterly for life and keep the office informed of any change |sof address or other pertinent information. The state also introduced into evidence two letters that Johnson sent to Aulph reminding him of his upcoming quarterly registration dates.

According to Deputy Johnson, the defendant last registered on March 27, 2009, and his next quarterly registration should have taken place on June 27, 2009. However, on April 16, 2009, Johnson learned that Aulph was no longer living at his registered address and he never informed the registration office that he moved. She [613]*613testified that Aulph failed to report for registration on June 27, 2009, and September 27, 2009. Thus, he was in violation of the sex offender registration statutes for failing to notify the office of a change in his address, as well as failing to comply with his quarterly registration requirement.

Jeannie Zubigaray, the defendant’s mother, testified that she knew Aulph was a registered sex offender and that he was required to register quarterly with the Ouachita Parish Sheriffs Office. She said that an Officer Davis came by the house to meet with Aulph on April 16, 2009. She told Davis that she had not seen her son for a few weeks, but that he recently called and said he was not coming home because “he messed up.”

Lieutenant Robert Davis of the Ouachita Parish Sheriffs Office corroborated Zubi-garay’s testimony. He went to Aulph’s registered address on April 16, 2009. Aulph was not home. Davis asked Zubiga-ray if she knew where the defendant was, and Zubigaray told him that she had not seen Aulph in two weeks. She told Davis that Aulph would not be coming home because he was in trouble.

14Officer Michael C. LaCroix, a probation and parole officer for the State of Louisiana, testified that he served as Aulph’s probation officer during 2008. As a condition of his parole, Aulph was required to sign a sex offender contract acknowledging that he would register quarterly for life and notify the office of any change in his registered address. LaCroix said the defendant was initially compliant with his parole conditions. However, when he attempted to visit Aulph on April 16, 2009, and May 4, 2009, Aulph was not home. The defendant’s mother told La-Croix that the defendant had recently called and said he could not come home and that if he came home he knew he would go to prison for the rest of his life.

Lieutenant Rick Fisher of the Ouachita Parish Sheriffs Office testified as a court-qualified expert in fingerprint analysis. He confirmed that Aulph’s fingerprints matched those taken by authorities in 2010 when Aulph was arrested for the instant offense. At the conclusion of Fisher’s testimony, the state rested.

The defendant called no witnesses nor offered any evidence.

The jury returned a verdict of guilty of second offense failure to register and/or update registration as a sex offender. The trial court ordered a presentence investigation (“PSI”) prior to the defendant’s sentencing.

During the sentencing hearing held on June 19, 2012, the state presented evidence of Aulph’s prior sex crimes. Monica Hicks, mother of one of the victims, testified that the defendant molested her seven-year-old daughter, N.W., in 2002. N.W. also testified to this incident, which occurred when Monica and her boyfriend, along with N.W., spent the night at a [ gfriend’s house. Aulph was also a guest in the home that night. N.W. awoke in the middle of the night to find that her underwear and shorts had been removed. Aulph was sitting next to N.W.’s bed and touching her vaginal and anal areas. N.W. told her family the next day, and Monica took N.W. to the hospital. Doctors determined that N.W. had been digitally penetrated in her vaginal and anal areas. Monica filed charges against Aulph, but she later learned that the charges had been dismissed.

Monica and N.W. testified regarding the severe effects of the molestation. N.W. has been in counseling for nearly 10 years. She became sexually active and involved with drugs at an early age. She attempt[614]*614ed suicide when she was 15 years old, and then again at age 16. N.W. spent time in psychiatric hospitals and told her counselors that she attempted suicide because she could not cope with the molestation. Doctors diagnosed her with post-traumatic stress disorder resulting from the molestation.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State of Louisiana v. Michael Deon Riley
Louisiana Court of Appeal, 2025
State v. Montero
263 So. 3d 899 (Louisiana Court of Appeal, 2018)
State v. Willie
235 So. 3d 1339 (Louisiana Court of Appeal, 2017)
State v. Mouton
219 So. 3d 1244 (Louisiana Court of Appeal, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
114 So. 3d 610, 2013 WL 2217961, 2013 La. App. LEXIS 1003, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-aulph-lactapp-2013.