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State v. Pete

Court of Appeals of Louisiana, Fourth Circuit

December 13, 2017

STATE OF LOUISIANA
v.
MONOTOR M. PETE

         APPEAL FROM CRIMINAL DISTRICT COURT ORLEANS PARISH NO. 521-111, SECTION "H" Honorable Camille Buras, Judge

          Leon A. Cannizzaro, Jr., District Attorney Donna Andrieu Scott G. Vincent, Assistant District Attorney ORLEANS PARISH DISTRICT ATTORNEY'S OFFICE COUNSEL FOR APPELLEE/THE STATE OF LOUISIANA.

          Holli Herrle-Castillo LOUISIANA APPELLATE PROJECT COUNSEL FOR DEFENDANT/APPELLANT.

          Court composed of Judge Terri F. Love, Judge Daniel L. Dysart, Judge Rosemary Ledet.

          Rosemary Ledet Judge.

         In this criminal appeal, the defendant, Monotor Pete, seeks review of his conviction and sentence for failure to register as a convicted sex offender. For the reasons that follow, we affirm.

         STATEMENT OF THE CASE AND THE FACTS

         Louisiana law requires convicted sex offenders to register with local law enforcement authorities and to notify the communities in which they reside of their presence. See La. R.S. 15:540, et seq. (the "Sex Offender Statutes"). Mr. Pete's obligation to register and to notify arises out of his November 7, 2002 conviction for felony carnal knowledge of a juvenile.[1] State v. Pete, 03-0694, p. 1 (La.App. 4 Cir. 9/24/03), 857 So.2d 1107, 1108.

         After serving five years of a six-year sentence, Mr. Pete was released on December 25, 2007, and returned to Orleans Parish. As of March 5, 2008, Mr. Pete was substantially compliant with the registration and notification requirements[2] of the Sex Offender Statutes.

         Five years from the date of his previous notification, Mr. Pete was required under the Sex Offender Statutes to re-notify.[3] On March 4, 2013, Mr. Pete appeared at the sex-offender-registration office. He was advised in writing of the five-year re-notification requirement (for which he signed, not with his name, but with the phrase "under duress") and given until March 27, 2013, to comply. Mr. Pete failed to comply; an arrest warrant issued, and he was arrested on June 20, 2014. The following day, Mr. Pete posted bond and was released from custody.

         Subsequently, Mr. Pete was charged under La. R.S. 15:542.1.4(A)(1) with one count of failure to register and to notify. At arraignment, Mr. Pete pled not guilty. On April 22, 2015, Mr. Pete's bail was increased; and he was remanded to custody.[4] After a two-day trial, the jury found him guilty as charged. On January 10, 2017, the district court sentenced Mr. Pete to ten years at hard labor without benefit of parole, probation, or suspension of sentence. This appeal followed.

         DISCUSSION

         Errors Patent

         Having reviewed the record for errors patent, we find none.

         Assignment of Error

         In his sole assignment of error, Mr. Pete claims that the sentence the district court imposed is excessive in violation of Art. I, § 20 of the Louisiana Constitution of 1974.[5] The State points out, citing La. C.Cr.P. art. 881.1(E), that Mr. Pete failed to preserve for appellate review his excessiveness claim because he neither objected to the sentence at imposition nor filed a motion to reconsider. ...


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