Jones v. State

81 A.3d 1248, 2013 WL 6009605, 2013 Del. LEXIS 578
CourtSupreme Court of Delaware
DecidedNovember 13, 2013
DocketNo. 289, 2013
StatusPublished
Cited by2 cases

This text of 81 A.3d 1248 (Jones v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jones v. State, 81 A.3d 1248, 2013 WL 6009605, 2013 Del. LEXIS 578 (Del. 2013).

Opinion

HOLLAND, Justice:

The defendant-appellant, Ronald Jones (“Jones”), appeals from a bench trial conviction in the Superior Court of one count of Failing to Reregister as a Sex Offender. Jones raises one claim on appeal. Jones contends that the evidence failed to show beyond a reasonable doubt that Jones had knowingly or recklessly failed to re-register as a homeless sex offender.

We have concluded that Jones’ argument is without merit. Therefore, the judgment of the Superior Court is affirmed.

Facts

On September 28, 2012, Jones was released from prison after being convicted of a sex offense in New Jersey. Upon release, Jones moved to Delaware to be closer to his mother. Jones then spoke to Richard Paredes, the executive director of the 3-D Foundation (“3-D”), which is dedicated to allowing former prisoners and mentally disabled to barter services in return for a place to stay.

3-D gave Jones a cell phone and housing located on West Willow Run Drive (“Willow Run”), which Jones would help repair in return for a rent referral. If Jones was [1250]*1250unable to work, he would have been charged rent at a rate of ten dollars per day. Jones arrived at the Willow Run house on September 28th and slept that night on a love seat in the living room while another resident slept on a day bed.

When Paredes first met Jones, he informed Jones that he was obliged to register and re-register as a sex offender. Specifically, Paredes told Jones, “the main thing that you have to do is go to the State Police, get registered, and then, if you change your address, that you need to go back within 72 hours and change ... if you’re changing your address, that you need to register with them and let them know what you’re doing, even if you’re homeless, you have to let them know.”

On October 1, 2012, Jones registered with the State Bureau of Identification, listing Willow Run as both his mailing address and physical address and indicating that he did not live at any other addresses permanently or temporarily. Jones later testified that when he filled out the application to register, no one explained to him the meaning of “residence.”

As part of Jones’ registration, he signed a Verification Supplement, which, among other things, stated: “[wjithin 3 days, after my change of address ... I must report to the State Bureau of Identification to update my registration information in-person.” Jones also signed and submitted a Verification Certification, which provided: “I further understand that it is my duty to report any change in the information provided. I must report any change within three (3) business days by reporting in-person to the Delaware State Police State Bureau of Identification.”

Jones testified that he stayed overnight at the Willow Run house for about twelve to fourteen non-consecutive nights until mid-December when he was arrested. But William Loper, another occupant of Willow Run who spent every night at the residence from October through December of that year, testified that he never saw Jones at Willow Run after the first night he stayed there. Jones also testified that he had left some of his property at Willow Run. Loper, however, testified that Jones left no belongings at Willow Run, even though his mail was still sent there.

Loper testified that Jones would just call to ask “if anybody came, if he had any mail, or stuff like that.” Loper further testified that when he met Jones on the first night, he allowed him to use his cell phone charger. Loper testified that Jones left the next day, taking the charger with him.

When Jones left Willow Run, he came to see Paredes on numerous occasions and told him that “he was back and forth with his mother” and “basically he was staying at his mother’s house.” Jones testified that during this time he stayed at other locations besides Willow Run for no more than a night or two and often stayed out on the street at night and in shelters during the day where he would rest and look for work.

Paredes testified that Jones told him that he only stayed at Willow Run for one day. Paredes also testified that he told Jones that if he no longer resided in Willow Run, he would have to inform the State Police of his new address or his homelessness. In addition, Paredes testified that sometime between November and December he spoke with Jones about returning 3-D’s cell phone. Paredes told Jones, “you need to get your property that you have over there. But make sure that you go to the State Police and give them what address that you’re living at and if you cannot give that address for whatever reason, you need to register as homeless.”

[1251]*1251Paredes again advised Jones that, “you’ve got to be careful because if they find out that you’re not living there, you can be in trouble.” When Paredes spoke to the police, he said, “I had told [Jones] several times to make sure that — because they told me that there was a warrant out for his arrest, so I got — I got concerned and I said then — I told him, I said take care of this before it gets worse.” Jones admitted that Paredes talked to him about sex offender registration on more than one occasion. Nevertheless, Jones claimed at trial that he was never given any indication, including from Paredes, that he no longer resided at Willow Run.

On December 2, 2012, Detective Rhonda Cras of the New Castle County Police went to Willow Run to verify Jones’ address. After talking to Paredes and Lop-er, she observed that Jones likely did not reside there. Determining that Jones did not reside at Willow Run, Cras obtained a warrant for his arrest for failure to re-register. Jones was arrested on December 18, 2012. He re-registered as homeless on December 19, 2012. Jones continued to re-register so every seven days as required by Delaware statute.

On February 4, 2013, a New Castle County grand jury indicted Jones for Failure to Re-register as a Sex Offender. Jones waived his right to a jury trial. A one-day bench trial was held on May 16, 2013. At the conclusion of trial, the Superior Court judge found Jones guilty of failing to re-register with respect to his address and immediately sentenced him to 2 years at level V, suspended for 12 months at level II, suspended after 6 months at level I. This appeal followed.

Standard of Review

Jones contends that section 4120 does not require him to re-register unless he has a “new residence.” Alternatively, Jones argues that even if he had to re-register, his failure to re-register as homeless was neither knowing nor reckless because he subjectively believed he was not homeless and did not receive adequate notice to the contrary.

In a nonjury case in which a Superior Court Judge sits as the finder of fact, an appeal is to both the law and facts.1 If the findings of the trial court “are sufficiently supported by the record and are the product of an orderly and logical deductive process, in the exercise of judicial restraint we accept them, even though independently we might have reached opposite conclusions.”2 Only when the findings are “clearly wrong” and the doing of justice requires their overturn will this Court make contradictory findings of fact.3 ‘When the determination of facts turns on a question of credibility and the acceptance or rejection of ‘live’ testimony by the trial judge, his or her findings will be approved upon review.”4

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Cite This Page — Counsel Stack

Bluebook (online)
81 A.3d 1248, 2013 WL 6009605, 2013 Del. LEXIS 578, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-state-del-2013.