State v. Aguliar-Benitez, 260 So. 3d 1247

Victim E.M.P., an 8-year-old girl, disclosed that houseguest Noe Aguliar-Benitez touched her vagina and engaged in sexual contact in June 2013; forensic interviews supported sexual abuse though physical exam showed no acute injury.
Defendant was arrested and, after being advised of Miranda rights in Spanish, initially invoked his right to counsel at the Kenner Police Department.
Officers, after cutting off questioning, informed defendant of the victim’s statements; defendant then said he would talk, changed his waiver on the Advice of Rights form, and gave a recorded inculpatory statement admitting skin-to-skin genital contact and ejaculation on the victim’s stomach.
Defendant was convicted by a jury of attempted aggravated rape (lesser-included) and sexual battery of a child under 13; the district court imposed concurrent maximum statutory sentences (50 and 99 years) without benefits.
On appeal the court affirmed the convictions, denied suppression, found the new-trial claim abandoned, but held the sentences constitutionally excessive and vacated them, remanding for resentencing (suggested ranges provided).

Issue	Plaintiff's Argument (State)	Defendant's Argument (Aguilar-Benitez)	Held
Admissibility of custodial statement after invocation of counsel	Statement was voluntary because defendant later initiated communication and waived counsel; mere disclosure of evidence is not interrogation	Officers resumed interrogation by describing victim’s statements immediately after invocation; disclosure coerced waiver and statement violated Miranda/Edwards	Denial of suppression affirmed: officers informing defendant of victim’s disclosure did not amount to interrogation; waiver found voluntary
Denial of motion for new trial	District court correctly denied; suppression denial was proper	New trial warranted because incriminating statement should have been suppressed	Assignment abandoned on appeal (defendant failed to brief); district court denial affirmed
Excessiveness of sentences	Sentences within statutory limits and appropriate given harm	Sentences (99 & 50 years without benefits) are grossly disproportionate given limited instances, lack of prior record, and offender profile	Sentences vacated as unconstitutionally excessive; remanded for resentencing (suggested: sexual battery 35–55 years concurrent; attempted rape 35–40 years concurrent)
Errors patent / Post-conviction advisal	Commitment reflected advisal but transcript did not; appellate court may correct	N/A	Court advises defendant of two-year prescriptive period to file post-conviction relief

Miranda v. Arizona, 384 U.S. 436 (U.S. 1966) (custodial suspects must be advised of rights and waiver must be voluntary)
Michigan v. Mosley, 423 U.S. 96 (U.S. 1975) (suspect’s right to cut off questioning must be scrupulously honored; voluntary reinitiation allowed)
Edwards v. Arizona, 451 U.S. 477 (U.S. 1981) (after request for counsel, interrogation must cease unless defendant initiates further communication or counsel is present)
Rhode Island v. Innis, 446 U.S. 291 (U.S. 1980) (defines interrogation to include words or actions police should know are likely to elicit incriminating responses)
State v. Daniel, 378 So.2d 1361 (La. 1979) (officers’ disclosure of evidence can lead to voluntary waiver; suspect may change mind)
State v. Poupart, 88 So.3d 1132 (La. App. 5 Cir. 2012) (informing suspect of evidence after invocation did not constitute Miranda interrogation where waiver was voluntary)
Kennedy v. Louisiana, 554 U.S. 407 (U.S. 2008) (Eighth Amendment proportionality principles for severe criminal punishments)