State v. Streeter

348 P.3d 290, 270 Or. App. 441, 2014 Ore. App. LEXIS 1946
CourtCourt of Appeals of Oregon
DecidedApril 15, 2015
Docket121051952; A154444
StatusPublished
Cited by2 cases

This text of 348 P.3d 290 (State v. Streeter) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Streeter, 348 P.3d 290, 270 Or. App. 441, 2014 Ore. App. LEXIS 1946 (Or. Ct. App. 2015).

Opinion

TOOKEY, J.

Defendant appeals a judgment of conviction for failure to report as a sex offender, former ORS 181.599(l)(d) (2011), renumbered as ORS 181.812(l)(d) (2013). He argues that the trial court improperly denied his motion for judgment of acquittal based on an improper construction of that statute, contending that the state failed to prove precisely when the crime was committed because it failed to prove when he moved out of his grandfather’s house, where he was registered. For the reasons that follow, we affirm.

“Because the trial court denied defendant’s motion for a judgment of acquittal, we state the facts in the light most favorable to the state.” State v. Massei, 247 Or App 30, 32, 268 P3d 774 (2011). “Our standard for reviewing the denial of the motion for judgment of acquittal is whether, viewing the evidence in the light most favorable to the state, any rational trier of fact could have found that the essential elements of the crime had been proved beyond a reasonable doubt.” State v. Paragon, 195 Or App 265, 267, 97 P3d 691 (2004).

In 1999, defendant was convicted of a sex offense in Florida and sentenced to five years in prison. As a result of that conviction, defendant was required to register as a sex offender in Oregon. Defendant completed his initial registration in Oregon on October 22, 2008, and also reported in July 2009, April 2010, April 2011, and April 2012. Each time that he reported, defendant provided the same residential address in Portland—the address of his grandfather’s house. Each time that he reported, defendant was also informed that he must report, in person, within 10 days of any change of residence.

In August, 2012, Officer Sickon conducted an investigation and found that defendant was not present at his registered address. At the time, former ORS 181.595 to 181.597 (2011), renumbered as ORS 181.806 to 181.808 (2013), required a sex offender to report to law enforcement within 10 days of a change of residence. On September 5, 2012, defendant was arrested for the crime of failure to report,1 and [443]*443he spent one night in jail; he was released on September 6, 2012.

On October 3,2012, defendant went to Sickon’s office to report a change of residence. Sickon asked defendant, “ ‘What are you coming in to tell me? ’ ” Defendant replied, “ ‘I live with my grandfather ***.’” Defendant informed Sickon that “he was going to start staying with his dad” at a different address. Sickon confirmed that that address was “a good address that [she] could use for a current registration to bring [defendant] back into compliance at that point.”

Sickon then asked defendant where he had “really [been] staying” from September 6, 2012 to October 3, 2012. Defendant replied that “he had many girlfriends [and] that he stayed at their locations” during that time—that is, he told Sickon that “he had been in different girlfriends’ homes all in Portland, Oregon.” Sickon asked defendant for the names and addresses of his girlfriends, but he would not give them to her.

Sickon then inquired whether defendant had lived at his grandfather’s house since September 6, 2012; specifically, she asked him if he had been to his grandfather’s house “at any point since being released from custody”; if he had “gone there to visit”; if he had “gone there to spend the night, to live and sleep in any way”; and if he had “any belongings there [.]” Defendant replied “no” to each of those questions.

Based on defendant’s statements to Sickon, the state subsequently charged defendant with failure to report as a sex offender under former ORS 181.599(1), which provided, in part:

“A person who is required to report as a sex offender in accordance with the applicable provisions of ORS 181.595, 181.596, 181.597 or 181.609 and who has knowledge of the reporting requirement commits the crime of failure to report as a sex offender if the person:
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“(d) Moves to a new residence and fails to report the move and the person’s new address [.]”

In its information, the state alleged that defendant,

[444]*444“on or about October 03, 2012, * * *, being a person who was required by law to report in person, as a sex offender, to the Oregon State Police, a chief of police or a county sheriff within 10 days of a change of residence, having changed residence, and having knowledge of the reporting requirement, did unlawfully and knowingly fail to report in person, as required, to an appropriate agency or official * *

At trial, the state submitted defendant’s sex offender registration forms, including the form showing that, on April 24, 2012, defendant reported that he was residing at his grandfather’s house. The state also submitted Sickon’s testimony, as noted above, relating defendant’s admission that he was not “really *** staying” at his grandfather’s house from September 6, 2012 to October 3, 2012.

At the close of the state’s case, defendant moved for judgment of acquittal. He relied upon State v. Depeche A139293, 242 Or App 155, 164, 255 P3d 502 (2011), in which we construed a previous version of former ORS 181.599 to require reversal of the defendant’s conviction on the ground that the state had failed to prove where the defendant was located at “the end of the tenth day following [his] change of residence [,]” and, thus, had failed to prove venue. Based on Depeche, defendant argued to the trial court that there is a “specific day when you commit [the] crime” of failure to report—“‘literally at midnight on the tenth day after defendant changed his residence.’” (Quoting Depeche, 242 Or App at 163.) Defendant then argued that the state failed to prove precisely when the crime was committed because it failed to prove when he moved out of his grandfather’s house,2 and, thus, there was insufficient evidence to support his conviction.3

[445]*445The state responded that the relevant reporting statutes had been amended in response to Depeche and argued that the reasoning in Depeche had related only to the issue of venue. Thus, in the state’s view, the temporal element of the statute was satisfied by the state’s evidence that defendant moved out of his grandfather’s house on September 6, 2012, and failed to report until October 3, 2012—27 days after defendant had moved.

The trial court noted that, in the 10 days prior to October 3, 2012, defendant was not living at his grandfather’s house.

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Related

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Cite This Page — Counsel Stack

Bluebook (online)
348 P.3d 290, 270 Or. App. 441, 2014 Ore. App. LEXIS 1946, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-streeter-orctapp-2015.