FROM CRIMINAL DISTRICT COURT ORLEANS PARISH NO. 521-111,
SECTION "H" Honorable Camille Buras, Judge
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
Herrle-Castillo LOUISIANA APPELLATE PROJECT COUNSEL FOR
composed of Judge Terri F. Love, Judge Daniel L. Dysart,
Judge Rosemary Ledet.
Rosemary Ledet Judge.
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
OF THE CASE AND THE FACTS
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. State v.
Pete, 03-0694, p. 1 (La.App. 4 Cir. 9/24/03), 857 So.2d
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 of the Sex Offender Statutes.
years from the date of his previous notification, Mr. Pete
was required under the Sex Offender Statutes to
re-notify. 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.
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. 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
reviewed the record for errors patent, we find none.
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. 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.