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Judgment rendered M arch 2 , 2 0 1 1 . Application fo r rehearing m ay be filed within the delay allowed by Art. 9 2 2 , La. C.Cr.P .
No. 46,120-KA
No. 46,121-KA
No. 46,122-KA
No. 46,123-KA
No. 46,124-KA
No. 46,125-KA
(consolidated)

COURT OF APPEAL
SECOND CIRCUIT
STATE OF LOUISIANA

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STATE OF LOUISIANA Appellee
versus
JOEL RENE WHITMORE Appellant
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Appealed from the
Twenty-Sixth Judicial District Court for the
Parish of Bossier, Louisiana
Trial Court No. 158372; 158377;158378; 158379; 158380;158381

Honorable Bruce M. Bolin, Judge

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STEPH EN A . G LA SSELL Counsel for A ppellant
J. SCH U Y LER M A RV IN Counsel for D istrict A ttorney A ppellee
JO HN M . LAW REN CE CHARLES A. SM ITH A ssistant District Attorneys
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Before BROWN, DREW, and CARAWAY, JJ.
BROWN, CHIEF JUDGE

On October 29, 2007, defendant, Joel Rene Whitmore, was charged by separate bills of information with two counts of indecent behavior with a juvenile (someone whom he believed to be a 12-year-old girl), in violation of La. R.S. 14:81, and four counts of computer-aided solicitation of a minor, in violation of La. R.S. 14:81.3.  Defendant waived his right to jury trial and on December 29, 2009, after considering a joint stipulation and evidentiary submissions in lieu of live testimony (transcripts of text messages and chats, and a CD of phone conversations), the trial court found defendant guilty as charged.  On April 13, 2010, defendant was sentenced to serve four years at hard labor without the benefit of parole, probation or suspension of sentence for each count of computer-aided solicitation of a minor.  These sentences were to run concurrently, for a total of four years.  Defendant was also sentenced to serve four years at hard labor, for each count of indecent behavior with a juvenile, to be served concurrently with each other but consecutively to his sentences for solicitation of a minor.  The four-year concurrent sentences for indecent behavior were suspended and following his four-year prison term for computer-aided solicitation, defendant is to be placed on five-year active, supervised probation with the condition that he not own or possess a computer during his probation.  Defendant was also instructed to register as a sex offender in accordance with La. R.S. 15:541, et. seq.  Defendant now appeals his convictions and sentences.  For the following reasons, we affirm.  

Facts
On February 19, 2008, defendant filed a pretrial motion to quash, contending that the two statutes (La. R.S. 14:81 and La. R.S. 14:81.3) were unconstitutional, arguing, inter alia, that the statutes were overly broad and/or vague and impinged on his right to privacy and freedom of expression.  That same day, the trial court denied defendant

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