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In re K.L.A.

Supreme Court of Louisiana

June 30, 2015

STATE IN THE INTEREST OF K.L.A

ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, THIRD CIRCUIT, PARISH OF CALCASIEU.

Hon. James D. Caldwell, Attorney General, Emma J. DeVillier, Colin Andrew Clark, Assistant Attorney Generals, LOUISIANA DEPARTMENT OF JUSTICE; Hon. John F. DeRosier, District Attorney, Carla Sue Sigler, Karen McLellan, Assistant District Attorneys, CALCASIEU PARISH DISTRICT ATTORNEY'S OFFICE, For Applicant.

Edward King Alexander, Jr., Necole M. Williams, CALCASIEU PARISH PUBLIC DEFENDER'S OFFICE, For Respondent.

Marsha L. Levick, (Pro Hac Vice), Counsel for New Orleans Public Defenders, (Amicus Curaie).

OPINION

Page 602

[2015-1410 La. 1] CRICHTON, J.

We granted the state's writ application to determine whether a person required to register as a sex offender as a result of an offense committed as a juvenile under La. R.S. 15:542 must comply with the sex offender identification required by La. R.S. 32:412(I) or La. R.S. 40:1321(J). After briefing and argument, it became apparent that the deficient record in this matter does not permit the Court to answer that question. Rather, the record makes clear that the respondent in this case, K.L.A., is not required by La. R.S. 15:542 to register as a sex offender -- though he agreed to do so by plea -- and, for the reasons that follow, he is also not required to obtain the sex offender identification.

The judgments of the district court and the court of appeal are affirmed, solely as to their ruling that respondent himself is

Page 603

not required to obtain the sex offender identification required of sex offender registrants.

FACTS AND PROCEDURAL HISTORY

A delinquency petition was filed against K.L.A. on March 6, 2012. In paragraph A of the petition, the state charged K.L.A., who was 16 years old at the time of the offense, with a violation of La. R.S. 14:78.1(B)(2), Aggravated Incest.[1] On June 21, 2012, K.L.A. was adjudicated delinquent of this same provision. The plea colloquy before the district court included the following exchange:

[2015-1410 La. 2] The Court: [K.L.A.], I want to make sure you understand what's just been suggested to the Court by your attorney this morning. [Y]ou're wishing to admit to part of the allegations in this petition, particularly Paragraph A, and [] the State of Louisiana is going to dismiss Paragraph B. Do you understand that [K.L.A.]?
K.L.A.: Yes, sir.
. . .
The Court: I understand he's submitted the notification, a signed copy of same.
Public Defender: Judge, I did go over this notification with [K.L.A.] verbatim in the back. He did sign the requirements, [and] they've been explained to him. I did explain to him. If you could hit the high parts, maybe.
The Court: . . . [T]he Court is in receipt, it should be noted that it was filed into the record, the notification -- appropriate notifications as well as the Judgment of Commitment and Order Granting Custody. So I think you're referring to Children's Code Article 884.1.
District Attorney: Yes, sir. It does state, Your Honor, that when the child has admitted to the allegations that the Court shall provide him with written notice. And we have provided him with ...

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