State v. Myers

753 So. 2d 921, 2000 WL 204230
CourtLouisiana Court of Appeal
DecidedFebruary 9, 2000
Docket98-KA-1213
StatusPublished
Cited by5 cases

This text of 753 So. 2d 921 (State v. Myers) 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. Myers, 753 So. 2d 921, 2000 WL 204230 (La. Ct. App. 2000).

Opinion

753 So.2d 921 (2000)

STATE of Louisiana
v.
Stanley J. MYERS.

No. 98-KA-1213.

Court of Appeal of Louisiana, Fourth Circuit.

February 9, 2000.

*922 Harry F. Connick, District Attorney, Charles E.F. Heuer, Assistant District Attorney, New Orleans, Louisiana, Attorneys for State of Louisiana.

Donald Ray Pryor, New Orleans, Louisiana, Attorney for Stanley J. Myers.

Court composed of Judge WILLIAM H. BYRNES, III, Judge CHARLES R. JONES, Judge DENNIS R. BAGNERIS, Sr.

JONES, Judge.

Defendant/appellant, Stanley Myers, was charged on December 23, 1993, with molestation of a juvenile, a violation of La. R.S. 14:81.2. On May 12, 1994, Myers withdrew his former plea of not guilty and entered a plea of guilty as charged, and was sentenced to five years at hard labor, with credit for time served. On May 23, 1996, Myers filed a motion for post conviction relief. On June 26, 1996[1], Myers filed a petition to be relieved of the duty to comply with the sexual offender registration requirements.

On August 30, 1996, Myers withdrew his motion for post conviction relief. Following a hearing on the same date, the trial court denied his petition for relief from the registration requirements of La. R.S. 15:540, et seq. Myers entered his objection in the record and notified the trial court of his intention to seek writs. The trial court set the return date for September 30, 1996. On September 25, 1996, the trial court granted his motion for appeal, and on December 20, 1996, Myers withdrew his motion for appeal. On July 31, 1997, he filed a motion for an out-of-time appeal, which was granted.

PROCEDURAL ERROR

Myers' appeal in this Court involves an interlocutory judgment, which is not appealable absent a showing of irreparable harm. See LSA-C.C.P. arts. 1841 and 2083; see also LSA-C.Cr.P. art. 912(A). Considering that Myers has not shown that he has or will suffer irreparable harm from the trial court's denial of his petition, we have converted the appeal into an application for supervisory writs, and will consider the merits accordingly.

FACTS

Myers was charged with and pleaded guilty to placing his fingers inside the vagina of six-year-old female using his influence gained by virtue of a position of control or supervision over the child. Myers had a prior conviction for child *923 abuse of a non-sexual nature, involving the fraternal twin brother of the victim in the instant case.

ERRORS PATENT

A review of the record reveals no errors patent.

ASSIGNMENT OF ERROR

In his sole assignment of error, Myers claims the trial court erred in denying his motion to be relieved of the sex offender registration requirements of La. R.S. 15:540, et seq.

La. R.S. 15:540, et seq., provides for the registration of sex offenders, sexually violent predators, and child predators.[2] At the time of his 1993 arrest and 1994 conviction, La. R.S. 15:542 provided that sex offenders register as follows:

A. Any adult residing in this state who has pled guilty or has been convicted of any sex offense shall register with the sheriff of the parish of the person's residence.
B. The person shall, within forty-five days of establishing residence in Louisiana, or if a current resident, within thirty days after conviction or release from confinement, whichever occurs later, provide the sheriff with the following information: his name, address, and place of employment; crime for which he was convicted; the date and place of such conviction; any aliases used by the person; and the person's social security number.
C. If any person required to register pursuant to this Section changes his residence address within the same parish, the person shall send written notice of the change of address to the sheriff within ten days of establishing the new residence. If any person required to register pursuant to this Section moves to a new parish, the person shall register with the sheriff in the new parish within ten days of establishing the new residence. The person shall also send written notice within ten days after the change of address in the new parish, to the sheriff with whom the person last registered.
D. The sheriff shall obtain a photograph of the person and shall obtain a copy of the person's fingerprints.
E. "Sex offense" for the purpose of this Chapter means a violation of any provision of Subpart C of Part II, Subpart B of Part IV, or Subpart A(1) or A(4) of Part V, of Chapter I of Title 14 of the Louisiana Revised Statutes of 1950, committed on or after June 18, 1992, or committed prior to June 18, 1992 if the person, as a result of the offense, is under the custody of the Department of Public Safety and Corrections on or after June 18, 1992. A conviction for any offense provided in this definition includes a conviction for the offense under the laws of another state which is equivalent to an offense provided for in this Chapter.
F. (1) A person who fails to register as required by this Section shall, upon first conviction, be fined not more than one thousand dollars or imprisoned for not more than one year, or both.
(2) Upon second or subsequent convictions, whoever fails to register as required by this Section shall be sentenced to imprisonment for not more than three years without benefit of parole, probation, or suspension of sentence.

(Emphasis added). LSA-R.S. 15:542 A, B C, D, and E were amended and reenacted by Acts 1995, No. 928, § 1, and Subpart (E) was again amended that same legislative session by Acts 1995, No. 1290, § 2, to provide for a more comprehensive *924 registration and notification scheme. The amended and reenacted version of La. R.S. 15:542 was in effect at the time of the August 30, 1996 hearing on Myers' petition motion to be relieved of the duty to comply with the registration requirements, and provided:

A. Any adult residing in this state who has pled guilty or has been convicted of any sex offense shall register with the sheriff of the parish of the person's residence. If the adult resides in a parish with a population in excess of four hundred fifty thousand, he shall register with the police department of his municipality of residence.
B. The person shall, within forty-five days of establishing residence in Louisiana, or if a current resident, within thirty days after conviction or release from confinement, whichever occurs later, provide the sheriff or, if required under Paragraph A, the police department with the following information: his name, address, and place of employment; crime for which he was convicted; the date and place of such conviction; any aliases used by the person; and the person's social security number. The person shall also:
(1) Give notice of the crime for which he was convicted, his name, and address to:
(a) At least one person in every residence or business within a one mile radius in a rural area and a three square block area in an urban or suburban area of the address where the defendant will reside upon release.
(b) The superintendent of the school district where the defendant will reside, who shall notify the principal of every school the superintendent thinks should be notified of the defendant's name, address, and the crime for which he was convicted.

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Cite This Page — Counsel Stack

Bluebook (online)
753 So. 2d 921, 2000 WL 204230, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-myers-lactapp-2000.