APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH
OF JEFFERSON, STATE OF LOUISIANA NO. 15-2445, DIVISION
"C" HONORABLE JUNE B. DARENSBURG, JUDGE PRESIDING
COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA Paul D.
Connick, Jr. Terry M. Boudreaux Anne M. Wallis Joshua K.
Vanderhooft Douglas E. Rushton
COUNSEL FOR DEFENDANT/APPELLANT, GERALD J. DOMINICK Jane L.
composed of Susan M. Chehardy, Jude G. Gravois, and Robert A.
A. CHAISSON JUDGE
Gerald Dominick, appeals his conviction and sentence for
failure to comply with sex offender registration
requirements. For the reasons set forth herein, we affirm
defendant's conviction and sentence and remand the matter
for the correction of errors patent as noted herein.
April 29, 2015, the Jefferson Parish District Attorney filed
a bill of information charging defendant with a violation of
La. R.S. 15:542, "in that he did fail to comply with
mandates of his registration as a convicted sex offender, by
failing to appear for his initial registration with the
sheriff's office." At the April 30, 2015
arraignment, defendant pled not guilty.
sanity commission was thereafter appointed to determine
defendant's competency to proceed to trial. Following a
hearing on September 2, 2015, the trial court found defendant
incompetent to proceed to trial and remanded him to a state
mental health hospital. On March 9, 2016, the trial court
conducted another competency hearing, at which time defendant
was found competent to proceed to trial. Defendant thereafter
withdrew his former plea of not guilty and entered a plea of
not guilty and not guilty by reason of
April 21, 2016, the State amended the bill of information to
charge defendant with failure to comply with the sex offender
registration requirements, second offense, in violation of
La. R.S. 15:542. Defendant thereafter entered a plea of not
guilty and not guilty by reason of insanity to the amended
bill. The matter proceeded to trial before a twelve-person
jury on June 21 and 22, 2016. After considering the evidence
presented, the jury found defendant guilty as charged.
22, 2016, defense counsel filed a motion for post-verdict
judgment of acquittal and a motion for new trial, in which he
raised claims relating to the sufficiency of the evidence.
July 25, 2016, the trial court denied these motions and
thereafter sentenced defendant to five years imprisonment at
hard labor without benefit of probation, parole, or
suspension of sentence. Defendant now appeals.
25, 1984, defendant pled guilty to forcible rape and was
sentenced to seventeen years imprisonment at hard labor. Upon
his release from prison for this offense, defendant failed to
maintain his registration as a sex offender and was
subsequently charged with a violation of La. R.S. 15:542. On
April 5, 2011, defendant pled guilty to failing to register
as a sex offender and was sentenced to two years imprisonment
at hard labor. On January 4, 2013, defendant completed his
sentence and was released from confinement at the Madison
Parish Detention Center in Tallulah, Louisiana.
date of his release, Robert Clements, a supervisor with the
Louisiana Division of Probation and Parole, met with
defendant at the correctional center, provided him with a
certificate of release, and informed him of the registration
and notification requirements for a convicted sex offender.
During his trial testimony, Mr. Clements recalled explaining
the laws regarding sex offender registration and notification
requirements to defendant. He provided a form to defendant
entitled "Louisiana Sex Offender Registration and
Notification Requirements" reflecting these laws and
read out loud the requirements to defendant, as he does for
every sex offender being released. He described defendant as
cooperative and compliant. While going over the forms with
Mr. Clements, defendant initialed the provisions, thereby
recognizing that the requirements of initial registration and
initial notification were read and explained to him,
including the condition that he had to report in person to
the appropriate law enforcement agency within three days of
his release and that failure to comply with the above
requirements would result in a charge under La. R.S.
15:542.1.4. At the end of the requirements form, Mr. Clements
printed defendant's name, his address as Marrero, LA
70072,  and the date. Defendant then signed his
name, acknowledging that all applicable requirements of sex
offender registration and notification had been explained to
him and further acknowledging receipt of the form.
this notification of the registration requirements by Mr.
Clements, defendant did not report to the sheriff's
office to register. At trial, Lieutenant Luis Munguia, who is
in charge of Jefferson Parish sex offender registration,
testified that he became aware of defendant's
non-compliance through an anonymous tip. After investigating
the matter and verifying that defendant had failed to
register as a sex offender, Lieutenant Munguia obtained a
warrant for his arrest. On March 5, 2015, pursuant to the
warrant, Detective Harley Smith of the Jefferson Parish
Sheriff's Office arrested defendant at the Discount Zone
on the Westbank Expressway, where defendant was ...