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State of Louisiana Versus Sidney Simoneaux
392 So.3d 949
La. Ct. App.
2024
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*24 23-KA-400 18 The record was reviewed for errors patent, according to La. C.Cr.P. art. 920; State v. Oliveaux , 312 So.2d 337 (La. 1975); and State v. Weiland , 556 So.2d 175 (La. App. 5 Cir. 1990). Sex Offender Registration The record reflects that the trial court failed to inform defendant of the sex offender registration requirements in accordance with La. R.S. 15:540, et seq. Defendant’s convictions of aggravated rape in violation of La. R.S. 14:42, aggravated oral sexual battery in violation of La. R.S. 14:43.4, and sexual battery in violation of La. R.S. 14:43.1 are defined as sex offenses under La. R.S. 15:54 1 (24). La. R.S. 15:543(A) requires that the trial court notify a defendant charged with a sex offense in writing of the registration requirements of La. R.S. 15:542. The trial court’s failure to provide the notification constitutes a patent error and warrants a remand for written notification, even where a life sentence has been imposed. See State v. Doucet , 17-200 (La. App. 5 Cir. 12/27/17), 237 So.3d 598, 609-10, writs denied , 18-77 (La. 10/8/18), 253 So.3d 789, and 18-196 (La. 11/5/18), 255 So.3d 1052, cert. denied , -- U.S. --, 139 S.Ct. 2676, 204 L.Ed.2d 1079 (2019). Accordingly, we remand this case to the trial court with instructions to the trial judge to inform defendant of the registration requirements for sex offenders by sending appropriate written notice to defendant and to file written proof in the record that defendant received such notice. Imposition of Sentences without Benefits as to Counts Three and Four The sentencing hearing transcript reflects that the sentences on counts three and four were imposed without a restriction of benefits. Likewise, the sentencing minute entry and the State of Louisiana

Case Details

Case Name: State of Louisiana Versus Sidney Simoneaux
Court Name: Louisiana Court of Appeal
Date Published: Jul 10, 2024
Citation: 392 So.3d 949
Docket Number: 23-KA-400
Court Abbreviation: La. Ct. App.
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