FROM THE NINTH JUDICIAL DISTRICT COURT PARISH OF RAPIDES, NO.
335, 323 HONORABLE MARY L. DOGGETT, DISTRICT JUDGE
Annette Roach Louisiana Appellate Project, COUNSEL FOR
DEFENDANT/APPELLANT: Louie Von Cole
Phillip Terrell, Jr. District Attorney, Ninth Judicial
District Court Catherine L. Davidson Assistant District
Attorney, COUNSEL FOR APPELLEE: State of Louisiana
composed of Sylvia R. Cooks, Shannon J. Gremillion, and Van
H. Kyzar, Judges.
Judge, dissents and assigns written reasons.
SHANNON J. GREMILLION, JUDGE
October 11, 2017, the State filed a bill of information
charging Defendant, Louie Von Cole, with four counts of
carnal knowledge of a juvenile in violation of La.R.S. 14:80.
On August 2, 2018, the State amended the bill to adjust the
relevant dates and to specify that there was an age
difference of more than four years between Defendant and the
victim. On August 7, 2018, Defendant filed a motion for a
jury instruction notifying the jury of the potential sentence
under La.R.S. 14:80 and the sex offender registration
requirements of La.R.S. 15:544. The trial court denied the
motion, and the jury ultimately convicted Defendant for the
first two counts and acquitted him of the other two.
Defendant filed a motion for new trial, arguing that since
his convictions required mandatory registration as a sex
offender, the trial court erred by not informing the jury of
the mandatory provision. The trial court denied the motion,
Defendant waived sentencing delays, and the trial court
sentenced him to concurrent seven-year terms. The trial court
informed Defendant that he would have to register as a sex
offender for fifteen years.
now appeals, assigning two errors.
1. The trial court erred in failing to instruct the jury of
the mandatory requirement that, if convicted, Louie Von Cole
would have to register as a sex offender and comply with the
notification requirements for a period of fifteen years,
thereby denying Appellant of his right to a fair trial as
guaranteed to him by the Constitutions of both the United
States and Louisiana.
2. The sentences imposed by the trial court are
following reasons, we affirm Defendant's convictions but
vacate Defendant's sentences and remand for resentencing
victim, H.B., testified that in the summer of 2017, when she
was sixteen years old, she had a sexual relationship with
Defendant, who was thirty-seven years old. When questioned by
police, Defendant admitted having sex with H.B. on two
different occasions ...