Albert Dotie, Jr. v. State
Opinion
ACCEPTED
06-15-00094-CR
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
8/24/2015 3:26:23 PM
DEBBIE AUTREY
CLERK
NO. 06-15-00094-CR
IN THE COURT OF APPEALS FILED IN 6th COURT OF APPEALS
TEXARKANA, TEXAS
SIXTH APPELLATE DISTRICT OF TEXAS8/25/2015 9:32:00 AM DEBBIE AUTREY
Clerk
TEXARKANA, TEXAS
ALBERT DOTIE, JR.,
Appellant
VS.
THE STATE OF TEXAS,
Appellee
Trial Court Cause No. F14540 In the 276th Judicial District Court Marion County, Texas
STATE’S APPELLATE BRIEF
Angela Smoak
Marion County Attorney
102 W. Austin, Room No. 201 Jefferson, Texas 75657
State Bar of Texas #00797466 (903) 665-2611
(903) 665-3348 (fax)
angela.smoak@co.marion.tx.us
TABLE OF CONTENTS
TABLE OF CONTENTS ………………………………………………………… i INDEX OF AUTHORITIES ……………………………………………………. ii STATEMENT OF THE CASE …………………………………………………. 1 STATEMENT OF FACTS ………………………………………………………. 1 REPLY TO APPELLANT’S ISSUE NUMBER ONE ………………………. 4 PRAYER ……………………………………………………………………………. 8 CERTIFICATE OF SERVICE …………………………………………………. 8 CERTIFICATE OF COMPLIANCE ………………………………………….. 8
i
INDEX OF AUTHORITIES
Cases Page
Green v. State, 350 S.W.3d 617 (Tex. App. – Houston 14th Dist. 2012, p.d.r. ref.) ……….. 6
Silber v. State, 371 S.W.3d 605, 613 (Tex. App. – Houston 1st Dist. 2012, no pet.) …………….. 6
Statutes:
Article 62.055, Code of Criminal Procedure Article 62.102, Code of Criminal Procedure
ii
STATEMENT OF THE CASE
Appellant was tried by a jury on May 4, 2015, on his plea of not guilty to an indictment alleging the third degree felony offense of failure to comply with registration requirements alleged to have occurred on or about December 21, 2013. [CR 4, 10] The jury found him guilty and assessed a four (4) year sentence in the Institutional Division of the Texas Department of Criminal Justice on May 5, 2015 and the judgment was signed May 6, 2015. [CR27-29] Appellant gave timely notice of appeal on June 2, 2015. [CR 32-33]
STATEMENT OF FACTS
The State called four witnesses and the Defendant testified and called one other witness.
Deronda Riley, the administrative assistant court clerk and, as such, the sex offender registrar for the City of Jefferson, testified that Appellant had a reportable conviction for indecency with a child and had been reporting to her or one of the other officers as a resident of Jefferson, Texas for approximately fourteen years. [RR 12-14] At the time of this case, Appellant was reporting to Ms. Riley annually. [RR 15] Ms. Riley met with Appellant on December 10, 2013, when he reported a change of primary address to
408 Saint John, Jefferson, Texas, and a supplemental address of 305 West Watson, Jefferson, Texas. [RR 14-15] On December 22, 2013, she received reliable information that Appellant had listed the address of 1406 FM 2208, Jefferson, Texas, on documentation, but did not report that address to her seven days prior to listing it and did not thereafter report it to her until January 10, 2014. [RR 16-17]
Riley reported the violation to Deputy Quada at the Marion County Sheriff’s Department and Jefferson Police Department. [RR 17]
Marion County Deputy Sheriff, David Quada, testified that he received a telephone call from Appellant on January 10, 2014 to report a change of address outside the city limits of Jefferson and he told Defendant to report the change to Riley. [RR 42, 44-46] Appellant at that time indicated his address had changed on January 3, 2014. [RR 44] Quada verified that Appellant was residing at 1406 FM 2208 by speaking with the landlord and obtaining a copy of the lease. [RR 42]
Paula Bradshaw, who was Appellant’s girlfriend’s mother testified that Appellant moved from her house at 808 Canal Street on November 14, 2013. [RR 54-55] She did not know for certain where he lived, but suspected he lived at a motel and then Ms. Guess’ rental house. [RR 55]
Joyce Guess rented a mobile home to Jennifer Smith, Appellant’s girlfriend, on December 18, 2013 when Ms. Smith signed the lease. [RR 58- 59, State’s Exhibit 3] Appellant signed the lease two to three days later. [RR 59, 62, 70] Guess confirmed that she had seen Appellant at the rental property [RR 59, 68-69]
Appellant’s employer, Charles McCoy testified that he had picked Appellant up for work at the FM 2208 address and at the barbecue place on Highway 49. [RR 74-74] McCoy further testified that he never went to Appellant’s house and never knew where he was living. [RR 76-77]
Appellant testified that he and Jennifer Smith went to Shreveport to his brother’s funeral and he was arrested there on December 18, 2013 after his brother’s funeral. However records reflected he was arrested on December 21, 2013. [RR 81, 98-99] (Exhibit S-2) At the jail in Shreveport, he was putting his address on the jail records and told the officer he intended to move to another place, but had not moved yet and the officer told him to use the new address where he was going to be living so that they could get in contact with him. [RR 81-82, 99] Appellant indicated Mr. McCoy would drop him off at the FM 2208 address every night after work. [RR 83-84] Additionally, Appellant testified that he signed the lease with Ms. Guess on
December 28, 2013. Although no such date was reflected on said document, [RR 92, 101, Exhibit S-3], Appellant admitted that he intended to move to the FM 2208 address as early as December 21, 2013. [RR 99] He further admitted he intended to move to the FM 2208 address on December 28, 2013 when he claimed to have signed the lease. [RR 102] Appellant then admitted that he did not report the intent to reside seven days prior to either of those dates. [RR 101,103] Finally, he admitted the reason he didn’t report the intended change is because he “didn’t want them knowing the information and go up there and mess me up”. [RR 102]
REPLY TO APPELLANT’S ISSUE NUMBER ONE APPELLANT’S ISSUE NO. ONE
“Is the evidence sufficient to sustain appellant’s conviction?”
STATE’S REPLY
THE EVIDENCE IS OVERWHELMINGLY SUFFICIENT TO SUSTAIN APPELLANT’S CONVICTION.
ARGUMENT AND AUTHORITIES
An individual commits the offense of failure to comply with sex offender registration requirements if he is required to register as a sex offender and fails to comply with any requirement of Chapter 62 of the Code
of Criminal Procedure. Tex. Code Crim. Proc. Ann. Article 62.102a (West Supp. 2014) Article 62.0155(a) reads in pertinent part:
“If a person required to register under this chapter intents to change address…the person shall, not later than the seventh day before the intended change, report in person to the local law enforcement authority…and provide the authority and the officer with the person’s anticipated move date and new address.” Id Art. 62.055(a) West Supp. 2014).
Appellant argues that the State did not provide sufficient evidence that the Appellant actually “resided” at a new address and fails to recognize that Appellant’s obligation under the referenced statutes requires him to report an intended change of address to the local law enforcement authority at least seven days prior to the intended change. (emphasis added)
The evidence presented consisted, first, of documentation referencing a new address as of December 21, 2013 (Exhibit S-2). Secondly, the officer confirmed his new intended residence with the landlord and obtained the lease. [RR 42] Next, his landlord testified that Appellant had signed a lease 2-3 days after December 18, 2013 and she had seen him at the rental property. [RR 59, 62, 68-70] Most importantly, Appellant himself testified that he intended to change his address as early as December 21, 2013 when he listed that address with the Shreveport Police Department and at least by December 28, 2013 which is when he claimed that the lease was signed.
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