State v. Mueller
53 So. 3d 677
La. Ct. App.2010Background
- Mueller was charged by information with failing to register as a sex offender for Oct 2008–Jan 2009, after Oklahoma 1998 indecent exposure and Iowa 2000 third-degree sexual abuse convictions.
- He was found competent after a lunacy hearing and, following a jury trial on Sept 10, 2009, was found guilty as charged; sentenced to 10 years without probation, parole, or suspension; fines waived.
- Mueller had registered as a sex offender on Sept 18, 2007 at 3510 Loyola Street; lease documents showed 3508 Loyola Street, and he did not notify the police of a change of address.
- Investigations showed the registered address at 3510 Loyola Street was unoccupied and seemingly abandoned in late 2007–2008; neighbors reported no contact with Mueller.
- Detective fingerprint analysis tied Mueller’s prints to both the Oklahoma and Iowa convictions; the state alleged both offenses triggered Louisiana’s registration requirement.
- Errors patent were said to be none; the assignments of error on appeal included lack of registration necessity, venue, and sentence excessiveness.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Mueller required to register based on out-of-state offenses? | Mueller: out-of-state offenses may not map to Louisiana’s enumerated offenses. | State: out-of-state convictions may trigger registration if equivalent in effect. | Yes; out-of-state equivalents support registration. |
| Do the out-of-state offenses involve minors, triggering registration regardless of victim age? | Hanson suggests possible limits when the victim is an adult; no minors would bar registration. | Registration applies to all enumerated offenses, regardless of victim age. | Registration applies to enumerated offenses regardless of minor victim requirement. |
| Does La. R.S. 15:542.1.3(A) require out-of-state offenders to register in Louisiana even if their states do not require registration? | Out-of-state law not shown to require registration cannot trigger Louisiana duty. | Statute imposes duty to register for those convicted in other states under this chapter. | Statute contemplates duty to register for out-of-state convictions; assignment meritless. |
| Was venue properly challenged or reviewable given failure to raise pre-trial motion to quash? | Venue was improper because trial occurred outside the parish where offense occurred. | Not reviewable without a pre-trial motion to quash. | Venue issue not reviewable; proper pre-trial motion to quash was not filed. |
| Is the ten-year sentence for failure to register excessive under Article I, §20 of the Louisiana Constitution? | Sentence within statutory maximum but potentially excessive given factors. | Sentence warranted by prior offenses and recidivist history. | Sentence affirmed as within guidelines and not excessive under the record. |
Key Cases Cited
- State v. Myers, 981 So.2d 214 (La.App. 5 Cir. 2008) (remand for mandatory notification to register under 15:541/543)
- State v. Berniard, 860 So.2d 66 (La.App. 5 Cir. 2003) (remand for failure to provide mandatory notice to register)
- State v. Moss, 17 So.3d 441 (La.App. 4 Cir. 2009) (venue issues noted in pretrial context)
- State v. Pierre, 869 So.2d 246 (La.App. 4 Cir. 2004) (venue considerations in criminal trials)
- State v. Landry, 871 So.2d 1235 (La.App. 4 Cir. 2004) (excessive punishment framework under Art. I, §20)
- State v. Dorthey, 623 So.2d 1276 (La.1993) (no automatic reversal for intraprocedural sentencing errors)
- State v. Caston, 477 So.2d 868 (La.App. 4 Cir. 1985) (trial court discretion in sentencing within statutory limits)
- State v. Major, 708 So.2d 813 (La.App. 4 Cir. 1998) (sentencing considerations and articulations)
- State v. Trahan, 425 So.2d 1222 (La.1983) (trial court discretion in sentencing)