APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH
OF JEFFERSON, STATE OF LOUISIANA NO. 17-5951, DIVISION
"G" HONORABLE E. ADRIAN ADAMS, JUDGE PRESIDING
COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA Paul D.
Connick, Jr. Terry M. Boudreaux
COUNSEL FOR DEFENDANT/APPELLANT, BENJAMIN J. CARTER, JR.
Cynthia K. Meyer
composed of Judges Robert A. Chaisson, Stephen J. Windhorst,
and John J. Molaison, Jr.
STEPHEN J. WINDHORST JUDGE
appeals his conviction and sentence for failing to maintain
his registration as a sex offender. For the reasons that
follow, we affirm defendant's conviction and sentence and
remand with instructions. We also grant appellate
counsel's motion to withdraw as attorney of record.
AND PROCEDURAL HISTORY
Jefferson Parish District Attorney filed a bill of
information charging defendant, Benjamin J. Carter, Jr., with
failing to maintain his registration as a sex offender in
violation of La. R.S. 15:542.1.4. Defendant pled not guilty
at his arraignment. On June 27, 2018, defendant withdrew his
plea of not guilty, and after being advised of his
Boykin rights, pleaded guilty as charged.
9, 2018, the trial court sentenced defendant to five years
imprisonment at hard labor to be served without benefit of
parole, probation, or suspension of sentence, and imposed a
$3, 000 fine. Defendant filed a motion for appeal on
July 11, 2018, and it was granted the following day.
defendant's conviction resulted from a guilty plea, the
facts underlying the crime of conviction were not fully
developed in the record. According to the superseding bill of
information, on or about July 22, 2017, in Jefferson Parish,
defendant violated La. R.S. 15:542.1.4 by failing to appear
for his annual registration appointment with the Jefferson
Parish Sheriff's Office, which was related to previous
convictions for indecent behavior with a juvenile and failure
to update registration as a sex offender.
State provided a factual basis in this matter, after the
trial court accepted defendant's guilty plea:
With regard to our bill in 17-5951, as superseded; had this
matter proceeded to trial, our evidence int [sic]
his case would have proven that Benjamin J. Carter, Jr., late
of Jefferson Parish, on or about the 22nd day of July in the
year 2017, violated Louisiana Revised Statute 15:542.1.4, in
that he, having been previously convicted of the crime of
Indecent Behavior with a Juvenile in case number 00-6450 on
the docket of Division M, in the Twenty-Fourth Judicial
District Court, Parish of Jefferson. And in consequence
thereof, having an obligation to register as a sex offender,
did fail to maintain his registration as a convicted sex
offender, in that he did fail to appear for his annual
registration appointment with the Jefferson Parish
Sheriff's Office. Having also previously been convicted
of the crime of Failure to Update Registration as a Sex
Offender on April 27, 2010, under case number 09-4805, the
docket of Division A, in the Twenty-Fourth Judicial District
Court, Parish of Jefferson. And further, of Failure to
Register as a Sex Offender on May 10, 2013, under case number
13-1139, of the docket of Division K, of the Twenty-Fourth
Judicial District Court, Parish of Jefferson.
His failure in this case occurred in Jefferson Parish, which
is within this Court's jurisdiction.