State v. Billington

2009 NMCA 014, 201 P.3d 857, 145 N.M. 526
CourtNew Mexico Court of Appeals
DecidedOctober 21, 2008
Docket26,984
StatusPublished
Cited by8 cases

This text of 2009 NMCA 014 (State v. Billington) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Billington, 2009 NMCA 014, 201 P.3d 857, 145 N.M. 526 (N.M. Ct. App. 2008).

Opinion

OPINION

KENNEDY, Judge.

{1} Defendant Curtis Lee Billington registered twice as a sex offender and was arrested the following year when he did not register. Scant evidence, if any, was presented at trial that he had ever been apprised so as to be on notice of the registration duties of the convicted sex offender under the Sex Offender Registration and Notification Act (SOR-NA). NMSA 1978, §§ 29-11A-1 to -10 (1995, as amended through 2007). He appeals his conviction for failure to renew his registration annually as a sex offender contrary to Section § 29-llA-4(N).

{2} On appeal, Defendant centers his arguments around the fact that he was never formally notified by an agent of the State of New Mexico concerning the requirement that he register. He asserts that at trial the State presented insufficient evidence of such notice to convict him and that the failure of the State to provide him with notice as required by statute violates his right to due process. We reverse, concluding that the State provided insufficient evidence to prove beyond a reasonable doubt that Defendant willfully failed to renew his registration.

FACTS AND PROCEDURAL HISTORY

{3} In April 1993, Defendant was convicted of three counts of criminal sexual contact, each a fourth-degree felony. Sentencing was suspended, and Defendant was placed on supervised probation for four and one-half years. Because the conviction preceded the 1995 enactment of New Mexico’s laws requiring registration of convicted sex offenders, Defendant’s judgment and sentence contained no mention of any requirement that he register as a sex offender. See § 29-11A-7. In 1998 after Defendant was released from probation, the statute required that he register as a sex offender for ten years following his release date. After receiving a letter in 2003 informing him that he was required to register, Defendant registered as a sex offender for the first time since his release from probation. That letter was not an exhibit in the trial record. Defendant registered again in 2004 but failed to register after that.

{4} Deputy Sheriff Sandy Loomis testified that he was an investigator for the Curry County Sheriffs Department and was responsible for maintaining the sex offender registry as dictated by statute. Deputy Loomis made contact with Defendant in 2005 for purposes of performing a “validation” in which he annually visited sex offenders to verify the information in the sex offender database. When he became aware that Defendant had not registered in 2005, Deputy Loomis obtained a warrant for Defendant’s arrest for failing to register. Defendant was arrested and charged with one count of failure to renew his registration annually.

{5} Deputy Loomis testified that he used Defendant’s 2004 sex offender registration as a basis for his information about Defendant. He also testified that Defendant initially registered as a sex offender in 2003, after the Sheriffs office sent him a letter notifying him of the registration requirement. That letter was never entered into evidence, although Defendant’s 2003 and 2004 registrations and the judgment and sentence document from his 1993 convictions were entered into evidence. When Deputy Loomis “validated” Defendant’s sex offender registry information, he did not inform Defendant of his continuing duty to register. Deputy Loomis investigated Defendant’s status with the State Probation and Parole Division but did not have a record of what Defendant may have signed regarding the requirement that he register annually.

{6} At trial, Defendant argued that because he did not receive notice pursuant to the statute that he was required to register, he could not be convicted under the statute. After the close of the State’s evidence, Defendant requested a directed verdict. The district court denied the motion. Defendant was convicted and received an eighteen-month suspended sentence.

DISCUSSION

{7} Defendant raises two issues. First, Defendant argues that because he did not receive notice of his annual duty to register as a sex offender, the State failed to provide sufficient evidence to prove, beyond a reasonable doubt, that Defendant willfully failed to renew his sex offender registration. Second, Defendant argues that it is a violation of his right to due process to be convicted of failure to register when he did not receive adequate notice.

Standard of Review

{8} In this appeal, we must “effectuate the Legislature’s intent” by “looking first to the words the Legislature chose and the plain meaning of the language.” State v. Moya, 2007-NMSC-027, ¶ 6, 141 N.M. 817, 161 P.3d 862. We must, however, avoid adopting a strict construction of the statutory language if it would convey an absurd or unreasonable result. Id. We interpret the statute “according to its obvious spirit or reason.” Id. (internal quotation marks and citation omitted). We review and interpret the language of the statute under a de novo standard of review. State v. Simmons, 2006-NMSC-044, ¶ 6, 140 N.M. 311, 142 P.3d 899.

{9} When we review for sufficiency of evidence to support a conviction, we engage in a two-step process. State v. Apodaca, 118 N.M. 762, 766, 887 P.2d 756, 760 (1994). We start by viewing the evidence in the light most favorable to the verdict, resolving all conflicts and indulging all reasonable inferences in favor of the verdict. Id. at 765-66, 887 P.2d at 759-60; State v. Cunningham, 2000-NMSC-009, ¶ 26, 128 N.M. 711, 998 P.2d 176. Second, “we make a legal determination of whether the evidence viewed in this manner could justify a finding by any rational trier of fact that each element of the crime charged has been established beyond a reasonable doubt.” Apodaca, 118 N.M. at 766, 887 P.2d at 760 (internal quotation marks and citation omitted). We will not disturb a verdict that is supported by substantial evidence. State v. Anaya, 98 N.M. 211, 212, 647 P.2d 413, 414 (1982).

Defendant’s Failure to Renew His Registration as a Sex Offender

{10} It is undisputed that Defendant was required to register for ten years following his release from probation. See Section 29-llA-5(E). Defendant does not dispute that he failed to renew his registration as a sex offender on or before December 31, 2005. Defendant argues that because he did not receive written notice required by the statute, the State’s evidence failed to show that he willfully or knowingly did not comply with the registration requirement.

{11} There are two statutory provisions that relate to Defendant’s situation, and both fall under SORNA. 1 Section 29-llA-4(N) states that “[a] sex offender who willfully or knowingly fails to comply with the registration requirements ... is guilty of a fourth degree felony}.]”

{12} Relevant parts of Section 29-11A-7, which is entitled “Notice to sex offenders of duty to register,” read as follows:

A.

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Cite This Page — Counsel Stack

Bluebook (online)
2009 NMCA 014, 201 P.3d 857, 145 N.M. 526, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-billington-nmctapp-2008.