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STATE v. NYE

No. 2011-KA-0944.

89 So.3d 411 (2012)

STATE of Louisiana v. David NYE.

Court of Appeal of Louisiana, Fourth Circuit.

April 11, 2012.

Attorney(s) appearing for the Case

Leon A. Cannizzaro, Jr. , District Attorney, Felicity Strachan , Assistant District Attorney, New Orleans, LA, for Appellee.

Christopher A. Aberle , Louisiana Appellate Project, Mandeville, LA, for the Defendant/Appellant.

(Court composed of Judge MAX N. TOBIAS, JR., Judge EDWIN A. LOMBARD, Judge DANIEL L. DYSART).

MAX N. TOBIAS, JR., Judge.

The defendant, David C. Nye, previously convicted of indecent behavior with a juvenile, was charged by bill of information on 4 January 2011, with failing to register as a sex offender, a violation of La. R.S. 15:542. On 11 April 2011, the defendant filed a motion to quash, arguing that the sex offender registration statute was unconstitutional as applied to him, a homeless person. The trial court denied the motion to quash on 13 April 2011...

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