State v. Elzy

109 So. 3d 57, 12 La.App. 5 Cir. 112, 2013 WL 198946, 2013 La. App. LEXIS 78
CourtLouisiana Court of Appeal
DecidedJanuary 16, 2013
DocketNo. 12-KA-112
StatusPublished

This text of 109 So. 3d 57 (State v. Elzy) 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. Elzy, 109 So. 3d 57, 12 La.App. 5 Cir. 112, 2013 WL 198946, 2013 La. App. LEXIS 78 (La. Ct. App. 2013).

Opinion

JUDE G. GRAVOIS, Judge.

Defendant, Alvin Elzy, appeals his conviction of failing to maintain registration as a sex offender. On appeal, defendant argues that the trial court erred in permitting him to represent himself at trial. He also argues that the trial court erred in proceeding to trial without first determining his mental competency to proceed. After thorough review of the record, for the following reasons, we affirm defendant’s conviction and sentence.

PROCEDURAL HISTORY

On February 24, 2011, the Jefferson Parish District Attorney filed a bill of information charging defendant, Alvin Elzy, with failing to maintain registration as a sex offender by failing to fulfill his community notification requirements, in violation of LSA-R.S. 15:542. Defendant was arraigned the next day and pled not guilty. On July 20, 2011, the case was tried before a twelve-person jury that unanimously found defendant guilty as charged. Defendant filed a pro se motion for post-verdict judgment of acquittal that was denied on August 29, 2011. Also on that date, the trial judge construed defendant’s other pro se motions as a motion for a new trial, which was denied as well.

On August 31, 2011, the trial judge sentenced defendant to imprisonment at hard labor for five years, without the benefit of parole, probation, or suspension of sentence. On that same date, defendant orally noticed his intent to appeal. Defendant filed a pro se motion for a new trial on September 8, 2011, that was declared moot, since the allegations contained therein were the same as those contained in the previous motion for a new trial. On September 9, 2011, defendant filed a pro se “Motion to Correct and Reconsider an Illegally Imposed Sentence” that was denied. Defendant filed additional pro se pleadings on September 12, 2011, which the trial judge construed and granted as a motion for appeal on September 26, 2011.

FACTS

Clariee Gervais, a clerk with the Jefferson Parish Sheriffs Office (“JPSO”), testified that she came into contact with defendant on October 22, 2010 when he came to her office to register as a sex offender. Ms. Gervais explained that when she first started the registration process with defendant, he was uncooperative and did not want to answer her questions. Additionally, Ms. Gervais stated that defendant was mumbling — she could not understand what he was saying. At that point, Ms. Gervais turned the matter over to her co-worker, Jennifer Propps.

Ms. Propps testified that she took information from defendant and prepared a seven-page Sex Offender Registration Form for his case. She then verbally reviewed the form with defendant and gave [60]*60it to him to review. Defendant subsequently initialed the bottom of each page of the form and signed the ^certification at the end.1 This document stated that defendant had been convicted of aggravated rape. But, when Ms. Propps later requested and received a certified copy of defendant’s conviction record from Orleans Parish, it reflected that he had actually been convicted of attempted aggravated rape. At that time, Ms. Propps corrected defendant’s conviction information in the registration form in her computer.

While defendant was in her office, Ms. Propps informed him that he had to do several things in order to complete the registration requirements. She gave defendant a so-called “21-day letter,” which told him everything he had to do within twenty-one days of his coming to her office to register, including providing notice to The Times-Picayune (a local newspaper), and to landlords, and obtaining a Louisiana ID card identifying him as a sex offender. This letter specifically notified defendant that he was required to return with the requested information by November 24, 2010, and that “non-compliance will result in a warrant for your arrest.” After Ms. Propps went through these forms with defendant, he signed them and was given copies of everything he had signed.

Ms. Propps testified that she did not think that defendant had any questions regarding the requirements or accuracy of the information on the form. She explained that if defendant had told her that he had been convicted of attempted aggravated rape rather than aggravated rape, she would have changed that information on the form. Ms. Propps further explained that when a person comes in to register, he is given an opportunity to correct the paperwork, and that when he initials the paperwork, he is saying that all of the information set forth therein is correct.

Ms. Propps testified that after defendant left her office that day, he never returned. She tried contacting him by calling and leaving a message for him with his niece, but he never returned to her office. She asserted that although defendant was convicted of attempted aggravated rape rather than aggravated rape, the registration requirements for both of these crimes were the same. She noted that defendant never returned and told her he did not do what he was supposed to do because his conviction as stated in the paperwork was incorrect. Ms. Propps stated that both crimes required a lifetime registration as a sex offender.

JPSO Lieutenant Luis Munguia, who was qualified as an expert in the field of latent fingerprint identification, testified that State’s Exhibit 5 was the fingerprint card of defendant while he was at the Department of Corrections, and that State’s Exhibit 6 was the fingerprint card from when defendant was arrested and charged with attempted aggravated rape. Lieutenant Munguia further testified that he compared State’s Exhibits 5 and 6 to each other and found that the fingerprints on the two cards were from the same individual. He identified defendant as being the same person who was convicted of attempted aggravated rape and who was now charged with the crime of failing to register as a sex offender.

Lieutenant Munguia asserted that he obtained a warrant for defendant’s arrest because defendant failed to complete the [61]*61sex offender registration requirements. He explained that his office usually gives people more than twenty-one days to comply with the sex offender registration requirements. They also try to call them. If there is no response, then an arrest warrant is obtained. Lieutenant Munguia testified that defendant never gave justification for his failure to register, and that the slight error in the paperwork as to the crime he committed would not justify defendant’s failure to register.

ASSIGNMENT OF ERROR NUMBER ONE — self representation

On appeal, defendant first argues that the trial judge erred by allowing him to represent himself. He contends that the trial judge failed to conduct a reasonable inquiry to establish on the record a knowing and intelligent waiver of the right to counsel under the circumstances. Appellate counsel claims that at no time did defendant demonstrate understanding, comprehension, or knowledge, and that red flags should have been raised based on defendant’s self-reported history of a skull fracture, blackouts, and difficulty communicating. He also asserts that despite the trial judge’s best efforts, the trial judge failed to adequately advise defendant of the nature of the charges, the penalty range for the charges, and the dangers and disadvantages of self-representation.

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Cite This Page — Counsel Stack

Bluebook (online)
109 So. 3d 57, 12 La.App. 5 Cir. 112, 2013 WL 198946, 2013 La. App. LEXIS 78, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-elzy-lactapp-2013.