103 So. 3d 525
La. Ct. App.2012Background
- Frederick Preston, Jr. was charged by bill of information with sexual battery under LSA-R.S. 14:43.1.
- Following a jury trial, he was convicted of the responsive verdict of attempted sexual battery.
- He was adjudicated a third-felony habitual offender and sentenced to seven years in prison at hard labor without probation, parole, or suspension of sentence.
- The State sought to prove lustful disposition through evidence of Preston’s 2005 prior convictions for unauthorized entry of an inhabited dwelling and sexual battery.
- The jury heard testimony from S.W., a 14-year-old victim, who described the attempted sexual battery at Aunt K’s home where Preston was staying as her aunt’s boyfriend.
- The court later remanded for written notice to the defendant about sex offender registration requirements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 2005 unauthorized-entry conviction was admissible under Art. 412.2 | State maintains it shows lustful disposition and is integral to the offense. | Preston contends it is irrelevant, prejudicial, and improperly admitted under 412.2/404(B). | Admissible under 412.2 as an integral part of the offense. |
| Whether notice under Prieur was proper for admitting other-crimes evidence | State complied with notice requirements by filing Jan. 14, 2010. | Argues notice was insufficient or improper. | Notice was adequate; no remand required. |
| Whether L.M.’s testimony about prior convictions was prejudicial | L.M. corroborates S.M. and supports the prior acts. | Testimony was cumulative and unfairly prejudicial. | Not an abuse of discretion; not overly prejudicial. |
| Whether the lack of sex-offender notification requires remand | Registration notice was not provided in judgment/plea papers. | N/A. | Remand for written notice of sex-offender registration requirements. |
Key Cases Cited
- State v. Haarala, 398 So.2d 1093 (La. 1981) (integration of acts; res gestae exception to notice rules)
- State v. Prieur, 277 So.2d 126 (La. 1973) (criteria for admissibility of other-crimes evidence; notice and purpose)
- State v. Archield, 34 So.3d 434 (La. App. 3d Cir. 2010) (412.2 admissibility as integral to offense; special jury instructions)
- State v. Colomb, 747 So.2d 1074 (La. 1999) (integral acts; narrative momentum in evidence)