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
-1- 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]
-2- 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
-3- 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
-4- 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
Free access — add to your briefcase to read the full text and ask questions with AI
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
-1- 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]
-2- 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
-3- 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
-4- 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.
-5- [RR 99 & 102] Additionally appellant admitted on the stand that he did not
report the intended change seven days prior to either of those dates. [RR
101, 103]
Appellant argues that this case is similar to Green v. State, 350 SW3d
617 (Tex. App. – Houston 14th Dist. 2012, p.d.r. ref.) However, it is quite
distinguishable. In Green, the only issue was whether the State provided
evidence of the Appellant’s state of mind when he failed to register his
intended change of address. Id. at 621. In this case, Appellant himself
stated that even when he intended to move, he did not tell the law
enforcement authority “because I didn’t want them knowing the information
and go there and mess me up” [RR 102] That alone indicates his awareness
of his requirements and his desire to secret this change from the reporting
authority.
Appellant also likens this matter to Silber v. State, 371 SW3d 605,
613 (Tex. App. – Houston 1st Dist. 2012, no pet.) The Silber case also lacked
the admissions from the defendant that are present in the case at bar.
Furthermore, in Silber there was not a showing of an intended change
of residence as proven in this case not only by documentation and witness
-6- testimony but by appellant’s own admission that he intended to move. [RR
99 & 102]
Finally, Appellant called Deputy Quada on January 10, 2014 and stated
he had moved on January 3, 2014. [RR 44] He reported to Riley on
December 10, 2013 and did not report a change of address and then again
on January 10, 2014 but nowhere in between. [RR 37]
On the stand, the defendant gave conflicting testimony about dates
and in order to believe defendant’s testimony, the jury would be required to
find every other witness not to be credible.
As such, the evidence was overwhelmingly sufficient to find Appellant
guilty as charged and the conviction must be affirmed.
-7- PRAYER
Wherefore, upon the issue presented, the State prays that the
judgment of the trial court be in all things affirmed.
Respectfully submitted,
s/Angela Smoak Angela Smoak Marion County Attorney 102 W. Austin, Room 201 Jefferson, Texas 75657 (903) 665-2611 (903) 665-3348 (fax) State Bar # 00797466 angela.smoak@co.marion.tx.us
CERTIFICATE OF SERVICE
I hereby certify that a copy of State’s Appellate Brief was served on James P. Finstrom, Attorney for Appellant, pursuant to the Rules on this the 24th day of August, 2015. /s/ Angela Smoak Angela Smoak
CERTIFICATE OF COMPLIANCE
I certify that this Brief filed electronically on this the 24th day of August, 2015 complies with T.R.A.P. Sec. 9.4(i)(2)(B) and contains 1668 words. /s/ Angela Smoak Angela Smoak
-8-