State Of Louisiana v. Jerrit Montgomery

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2020 KW 0039

VERSUS

JERRIT MONTGOMERY
MAY 12 2020

In Re: State of Louisiana, applying for supervisory writs,

19th Judicial District Court, Parish of East Baton

Rouge, Nos. 10- 16- 0315, 05- 16- 0403, & 09- 17- 0293.

BEFORE: McCLENDON, WELCH, AND HOLDRIDGE, JJ.

WRIT DENIED.

JEW

GH

McClendon, J., dissents and would grant the writ

application. Based on the plain language of La. R. S. 15: 561. 1
and 15: 561. 2( A), there is no requirement of a judicial
determination that the victim was under the age of thirteen

years, only that the underlying offense defined under La. R. S.

15: 541 as a sex offense must have occurred when the victim was

under the age of thirteen. When a law is clear and unambiguous

and its application does not lead to absurd consequences, it

shall be applied as written and no further interpretation may be
made in search of legislative intent. La. R. S. 1: 4; State v.

Leger, 2019- 2084 ( La. 6/ 26/ 19), 284 So. 3d 609, 615. Further,

the bill of information, filed July 25, 2006, charged relator

with sexual battery, stated the victim' s date of birth, and

indicated that at the time of the offense, the victim was under

the age of thirteen. The defendant' s guilty plea was based on

said bill of information.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT

FOR THE COURT