Jeandell v. State

884 A.2d 739, 165 Md. App. 26, 2005 Md. App. LEXIS 255
CourtCourt of Special Appeals of Maryland
DecidedOctober 6, 2005
Docket1491, September Term, 2004
StatusPublished
Cited by5 cases

This text of 884 A.2d 739 (Jeandell v. State) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jeandell v. State, 884 A.2d 739, 165 Md. App. 26, 2005 Md. App. LEXIS 255 (Md. Ct. App. 2005).

Opinion

MEREDITH, J.

James William Jeandell was convicted of rape in 1977. Upon his release from imprisonment, after serving twenty-six years of a forty year sentence, Jeandell was required to register with the State of Maryland’s Sex Offender Registry pursuant to Md.Code (1957, 2001 Repl.Vol., 2004 Cum.Supp.), Criminal Procedure Art. (“C.P.”), § 11-704. The registration statute further provided, in C.P. § ll-705(d), that Jeandell was required to send written notice to the Department of Public Safety and Correctional Services (the “Department”) within seven days of any change in his residence.

In May of 2003, Jeandell became homeless. Jeandell failed to notify the Department in writing that he was no longer living at his registered address, and failed to otherwise inform the Department of his whereabouts. Consequently, Jeandell was charged and found guilty of violating C.P. § 11-721. A *29 time-served sentence was imposed by the Circuit Court for Montgomery County.

Jeandell appeals his conviction, arguing that, as a homeless person, because he did not have a new permanent residence to register with the Department, he was unable to comply with the statutory requirements. We conclude that the statute was properly applied, and that there was sufficient evidence for the trial court to find that Jeandell was in violation of the registration requirements. Accordingly, we shall affirm the judgment of the Circuit Court for Montgomery County.

QUESTIONS PRESENTED

Jeandell raises the following questions on this appeal:

I. Whether the Maryland sex offender registration statute is unconstitutionally vague as applied to homeless persons.
II. Whether there was sufficient evidence to sustain Jean-dell’s conviction for failure to register a change of residence where Jeandell, as a homeless person, did not have a residence to register.

BACKGROUND

Jeandell was convicted of rape in 1977, in the Circuit Court for Kent County, and was sentenced to a term of forty years. In October 2002, Jeandell was mandatorily released after having served twenty-six years. Upon his release, and pursuant to C.P. § ll-704(a), Jeandell registered as a sexually violent offender with the Maryland Division of Parole and Probation. 1

*30 Jeandell’s registration statement included the information prescribed by C.P. § 11-706, which requires a registrant to provide the following:

(1) the registrant’s full name, including any suffix, and address;
(2) (i) for a registrant under § 11 — 704(a)(7)(i) of this subtitle, the registrant’s place of employment; or
(ii) for a registrant under § ll-704(a)(7)(ii) of this subtitle, the registrant’s place of educational institution or school enrollment;
(3) (i) for a registrant enrolled, or expecting to enroll, in an institution of higher education in the State as a full-time or part-time student, the name and address of the institution of higher education; or
(ii) for a registrant who carries on employment, or expects to carry on employment, at an institution of higher education in the State, the name and address of the institution of higher education;
(4) a description of the crime for which the registrant was convicted;
(5) the date that the registrant was convicted;
(6) the jurisdiction in which the registrant was convicted;
(7) a list of any aliases that the registrant has used;
(8) the registrant’s Social Security number;
(9) any other name by which the registrant has been legally known; and
(10) the registrant’s signature and date signed.

Jeandell completed his registration with the Montgomery County Police Department (MCPD) on October 8, 2002.

Thereafter, Jeandell changed residences four times. Upon each change, Jeandell notified the Department by filling out a change of address card with the MCPD. Jeandell’s last change *31 of address notice was completed on April 2, 2003, when Jeandell notified the Department that he was living at 9704 Hastings Drive, Silver Spring, Maryland. After Jeandell gave the Department notice that he had changed his residence to 9704 Hastings Drive, the MCPD distributed flyers informing Jeandell’s neighbors on Hastings Drive of his past conviction. Two of the neighbors then complained to Jeandell’s landlady about Jeandell’s presence in the building, and Jeandell’s landlady asked Jeandell to vacate the premises.

On May 15, 2003, Jeandell showed up for his weekly meeting with his parole agent, John Haffer. In response to questioning by Agent Haffer, Jeandell disclosed that he needed to find a new place to live. Agent Haffer did not offer Jeandell any assistance in locating a new residence. Haffer simply told Jeandell to report back to him on May 22, 2003.

Jeandell reported, as directed, on May 22, 2003, and spoke with another field agent. Jeandell still did not have a new residence to report. He was told to report back in another week on May 29, 2003.

On or about May 23, 2003, Jeandell vacated 9704 Hastings Drive. He failed to make any further contact with the field agents. As a result, on June 3, 2003, Agent Haffer advised Detective Don Edmund, of the MCPD, that Jeandell had “absconded from supervision and was no longer living at his reported address.”

Detective Edmund, who is in charge of maintaining the Montgomery County Sex Offender Registry, obtained an arrest warrant for Jeandell on June 20, 2003. The arrest warrant charged Jeandell with violating C.P. § 11-721 because Jeandell had failed to provide the Department with written notice of his change in residence as required by C.P. § ll-705(d).

A bench trial was held in the Circuit Court for Montgomery County, and Jeandell was found guilty of violating C.P. § 11— 721. Because he had already been incarcerated for 85 days while awaiting his trial, the court imposed a time-served sentence. Jeandell filed this timely appeal.

*32 DISCUSSION

I.

The Maryland Registration of Offenders statute requires, in C.P. § ll-705(d), that “[a] registrant who changes residences shall send written notice of the change to the Department [of Public Safety and Corrections] within 7 days after the change occurs.” The penalty for failing to notify the Department of any change in residence is set forth in C.P. § 11-721, which states:

(a) Prohibited act. — A registrant may not knowingly fail to register or knowingly fail to provide the written notice required under § ll-705(d), (e), or (f) of this subtitle, or knowingly provide false information of a material fact as required by this subtitle.
(b) Penalty.

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Related

State v. Halloran
141 A.3d 1216 (New Jersey Superior Court App Division, 2014)
Parker v. State
985 A.2d 72 (Court of Special Appeals of Maryland, 2009)
Jeandell v. State
910 A.2d 1141 (Court of Appeals of Maryland, 2006)
State v. Sommerfield, Unpublished Decision (3-27-2006)
2006 Ohio 1420 (Ohio Court of Appeals, 2006)

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Bluebook (online)
884 A.2d 739, 165 Md. App. 26, 2005 Md. App. LEXIS 255, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jeandell-v-state-mdctspecapp-2005.