State v. Guffey

94-797 ( La. App. 3 Cir 2/1/95), 649 So. 2d 1169

 

RULE:

La. Code Crim. Proc. Ann. art. 487(B) provides: Nothing contained herein shall be construed to prohibit the defendant from entering a plea of guilty to a crime nonresponsive to the original indictment when such a plea is acceptable to the district attorney, and in such case, the district attorney shall not be required to file a new indictment to charge the crime to which the plea is offered.

 

FACTS:

Defendant challenged his conviction in the trial court of five counts of carnal knowledge with a juvenile under La. Rev. Stat. Ann. § 14:80, and asserted that it was error for the trial court to have accepted his nolo contendere plea to the carnal knowledge of a juvenile when the original bill of information charged him with five counts of molestation of a juvenile in violation of La. Rev. Stat. Ann. § 14:81.2. Defendant asserted that his nolo plea was not a responsive plea to the charge of molestation of a juvenile, and that the prosecutor amended the original bill of information, rather than the charging document. The court affirmed defendant's conviction and remanded for resentencing.

ISSUE:

Were defendant’s pleas of nolo contendere to five counts of carnal knowledge of a juvenile invalid because the plea to carnal knowledge of a juvenile was not responsive to the original charge of molestation of a juvenile?

ANSWER:

No.

CONCLUSION:

Under La. Code Crim. Proc. Ann. art. 814, there were no listed responsive verdicts to the charge of molestation of a juvenile. Although there were circumstances wherein the acts proscribed by § 14:81.2 could have been committed without engaging in the sexual acts proscribed by 14:80, and defendant's plea was nonresponsive to the charge in the original bill of information, it was not reversible error.

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