State v. St. Pierre

507 So. 2d 837, 1987 La. App. LEXIS 9463
CourtLouisiana Court of Appeal
DecidedMay 1, 1987
DocketNo. 87-KA-12
StatusPublished
Cited by2 cases

This text of 507 So. 2d 837 (State v. St. Pierre) 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. St. Pierre, 507 So. 2d 837, 1987 La. App. LEXIS 9463 (La. Ct. App. 1987).

Opinion

KLIEBERT, Judge.

On June 6,1984 defendant St. Pierre was charged by bill of information with criminal neglect of family in violation of LSA-R.S. 14:74.1 Defendant was present for arraignment on June 28, 1984; at that time he entered into a stipulation pursuant to LSA-R.S. 14:75 whereby he agreed to pay child support and court costs in the amounts of $200.00 and $10.00 per month respectively. Defendant initially fulfilled the monthly obligations but later stopped making payments.

In response to a request from the defendant’s wife, the district attorney on April 8, 1986 filed a rule for contempt against the defendant on the grounds that he “... was tried in this Honorable Court of violating R.S. 14:74 and sentenced ... to pay alimony at the rate of $200.00 & C.C. per month” and had “... failed to comply with the judgment of this Court and to pay said alimony.” The defendant employed counsel and filed a “Motion to Quash conviction2 and for a new trial,” [footnote added] averring therein that:

1) the “conviction” was based upon the state’s unconstitutional employment of the irrebuttal presumption of paternity set forth in La.C.C. art. 184;
2) the “conviction” was secured without defendant being offered the right to introduce evidence that he was not the biological father of the children;
3) the defendant was denied access to representation by counsel and did not validly waive his right to counsel;
4) the defendant was not properly Boyk-inized prior to entering into the stipulation;
5) the law under which defendant’s prosecution was based was unconstitutional;
6) the defendant was not the biological father of either child.

Defendant’s motions and the rule for contempt were jointly taken up before a hearing officer,3 who recommended that [839]*839the defendant’s motions be denied and that the monthly support obligation and $50.00 per month in arrearages be paid via an involuntary wage assignment. Defendant rejected the recommendation which resulted in the case being set for hearing before a juvenile court judge.

Prior to the hearing the defendant filed a “Motion for Court Ordered Blood Tests Pursuant to R.S. 9:391, et seq.” averring that such evidence was exculpatory in that it would prove he was not the biological father of the children. Although there is no transcript of the hearing, the court minutes (signed by the deputy clerk and the trail judge) dated May 30, 1986 seem to indicate the defendant stipulated he was in arrears for support set by the June 28, 1984 judgment. The court then ordered him to pay $200.00 per month in support and $50.00 per month on the $2,400.00 ar-rearage. Further, the court effectuated an involuntary wage assignment and delayed sentencing on the contempt charge pending the submission of memorandums on defendant’s motion to quash and motion for blood tests.

Immediately thereafter defendant filed a “Motion to Withdraw his Guilty Plea and/or to Suppress Unconstitutionally Secured Confessions” averring that his “plea of guilty to the charge of criminal non-support” was not made intelligently, knowingly and voluntarily, that his “confession” was elicited without regard to his constitutional rights to counsel and to remain silent, and that he would not have pled guilty or confessed to the crime had he been advised of the elements of the crime charged in that he is not the biological parent of either child.

By judgment dated September 2, 1986 the court denied all motions and further ordered the defendant to serve three weekends in the custody of the Department of Corrections as per the stipulation as to contempt. In written reasons for judgment the court stated that because the defendant stipulated to the order of support no criminal proceedings were instituted and the proceedings became civil in nature; therefore, defendant's motion to withdraw his “guilty plea” and/or to suppress his “confession” and to quash his “conviction” were inappropriate as they applied to criminal proceedings. And as the motion for a new trial was untimely under La.C.C.P. art. 1979, a new trial could not be granted; hence, the motion for court-ordered blood tests was moot. In the alternative, the court noted that even were the motions to be considered as though brought in a criminal proceeding, they were untimely filed and thus properly denied.4

The trial court granted defendant’s request for a stay order pending a final decision of the case by this court and/or the supreme court. Defendant’s application for a writ of review was granted by this court,5 and upon the lodging of the record by the clerk for the Twenty-Fourth Judicial District Court, counsel were notified of brief dates and the case was docketed by established appellate procedures. In his application for the writ granted and in his brief filed in this court defendant raised the following issues:

“1. Does this [Juvenile] Court have jurisdiction to enforce non-criminal actions for child support and/or alimony?
2. Must LSA-R.S. 14:74 and 14:75.2 be read pari materia as criminal statutes?
3. Was the defendant’s admission of guilt secured by employment of procedures which duly protected the defendant’s constitutional rights?
4. Does the State of Louisiana v. Cornell Jones, [481 So.2d 598 (La.1986)] decision govern the disposition of this case?
5. Must the State of Louisiana v. Cornell Jones decision be applied retroactively?
[840]*8406. Is the defendant entitled to a quashal of his agreement to pay support/conviction?
7. Is the defendant entitled to a new trial on the issue of his biological relationship to each child?
8. A. Should the defendant’s guilty plea be revoked?
B. Should the defendant’s confession be suppressed?
9. Did the Court commit reversible error?”

Criminal neglect of family, as defined by LSA-R.S. 14:74 as applicable to the instant case, is the intentional non-support by either parent of his minor child who is in destitute or necessitous circumstances.6 Violators are subject to a $500.00 fine and/or six months imprisonment and may be placed on probation pursuant to R.S. 15:305. The court may also issue an order directing the defendant to pay a certain sum weekly or monthly as support for the child. LSA-R.S. 14:757 allows the court at any time prior to conviction for criminal neglect, with the defendant’s consent, to issue an order directing the defendant to pay weekly or monthly support, instead of imposing the punishment set forth in R.S. 14:74. Violation of the order is a contempt of court and punishable by a fine of not less than twenty-five dollars, in default of which imprisonment for not more than thirty days may be imposed; or the court may fine the defendant the total amount of past due support and order same to be paid to the child’s custodian. Failure to pay could result in imprisonment for up to six months. R.S. 14:75.2 provides that the court may issue an order of support under the provisions of R.S.

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Related

State v. St. Pierre
508 So. 2d 808 (Supreme Court of Louisiana, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
507 So. 2d 837, 1987 La. App. LEXIS 9463, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-st-pierre-lactapp-1987.