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State v. Hurd

Court of Appeals of Louisiana, Fifth Circuit

October 31, 2018

STATE OF LOUISIANA
v.
ORRICK HURD

          ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO. 16-7062, DIVISION "H" HONORABLE GLENN B. ANSARDI, JUDGE PRESIDING

          COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA Paul D. Connick, Jr. Terry M. Boudreaux Anne M. Wallis

          COUNSEL FOR DEFENDANT/APPELLANT, ORRICK HURD Bertha M. Hillman

          Panel composed of Judges Susan M. Chehardy, Fredericka Homberg Wicker, and Robert A. Chaisson

          ROBERT A. CHAISSON JUDGE.

         In this criminal appeal, defendant, Orrick Hurd, seeks review of the trial court's ruling on the State's motion to correct illegal sentence, requiring defendant to register as a sex offender pursuant to the provisions of La. R.S. 15:541 et seq. For the reasons that follow, based on the record before us, we find that the trial court improperly granted the State's motion, and accordingly, we remove the provision of defendant's sentence that required him to register as a sex offender.

         PROCEDURAL HISTORY

         On January 25, 2017, the Jefferson Parish District Attorney filed a bill of information charging defendant with one count of human trafficking of a person under the age of twenty-one years for the purpose of engaging in commercial sexual activity, in violation of La. R.S. 14:46.2. Defendant pled not guilty at his arraignment. On September 20, 2017, the State filed a superseding bill of information to add a second count of human trafficking of a person under the age of twenty-one for the purpose of engaging in commercial sexual activity. Defendant again pled not guilty.

         On June 14, 2017, during a bond reduction hearing, the State, represented by Lindsay Truhe, and defense counsel, Anna Friedberg, discussed plea negotiations in open court. The following exchange took place:

MS. TRUHE:
I've offered a no bill and eight. It's not going to get any better than a no bill and eight. I mean, as charged if he were convicted and billed, he'd be looking at 33 years and change to 100.
MS. FRIEDBERG:
Well, one of the issues is that the way that it's charged, one of the things that I had asked to counter with is that right now even if she reduced it some or she could offer a no bill and eight, but it still would require that he register as a sex offender. And so we're asking it be reduced in such a way at least to relieve him from that penalty.
Furthermore, Judge, it is listed as a crime of violence even though there has been no violence alleged or no force or coercion alleged, but by the fact that this person was under 21 makes it such a stiff sentence. Anyway, the point of my story is an 85 percent service rate, so it would be quite some time.

         On November 30, 2017, the State amended counts one and two of the superseding bill "to 14:46.2(B)(1)," per a "negotiated plea." Immediately following the amendment, defendant withdrew his pleas of not guilty, and after being advised of his Boykin[1] rights, pled guilty to the amended counts.[2] In accordance with the plea agreement, the trial court sentenced defendant to seven ...


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