Twine v. State

910 A.2d 1132, 395 Md. 539, 2006 Md. LEXIS 757
Court of Appeals of Maryland·Decided November 15, 2006·No. 138, September Term, 2005·Published·Cited by 29 cases

Opinion

RAKER, Judge.

Raymond Twine, appellant, was convicted of failing to register as a sexually violent offender by failing to provide notice of change of address to the Department of Public Safety and Correctional Services in violation of Md.Code (2001, 2005 Cum.Supp.), § 11-721 of the Criminal Procedure Article. 1 We must decide whether Maryland’s statutory sex-offender registration scheme, § 11-701 et seq., permits conviction of a homeless person who falls within the statutory definition of those persons who are obligated to register under the statute for failure to notify the appropriate State agency of the person’s change in residence. We shall hold that the sex offender registration statute does not impose such a notice obligation on appellant and shall reverse the judgment of the Circuit Court.

Appellant was convicted on July 12, 2002 of a third degree sex offense which, under the Maryland Sex Offender Statute, required him to register with the Department of Public Safety and Correctional Services (“the Department”), his supervising authority, and if he changed residences, to send written notice of the change to the Department within seven days after the change occurred. A registration statement includes, inter *543 alia, the registrant’s full name and address, a description of the crime for which the registrant was convicted, and anticipated future residence, if known at the time of registration. § 11-706. A registrant who changes residences must send written notice of the change to the Department within seven days after the change occurs. § ll-705(d).

Appellant was charged in a one count criminal information filed in the Circuit Court for Montgomery County for knowingly failing to provide written notice of a change of residence as required by § ll-705(d), in violation of § ll-721(a). Appellant entered a not guilty plea, waived his right to a trial by jury, and proceeded before the court on an agreed statement of facts. The State proffered the following facts:

“Your Honor, we would have, and we are showing that, the defendant was convicted back on July 12, 2002 for a third-degree sex offense in Montgomery County, Maryland. Pursuant to that, he is required to register on the Sex Offenders Registry which is marked as State’s Exhibit 2 as a sexually violent offender. The requirements are, as you will see on State’s Exhibit No. 2 which the defendant did sign, that he is required to register pursuant to the rules under the Registry. Your Honor, the defendant, the registration process he was told would take place and would be conducted at the Montgomery County Headquarters, located at 2350 Research Boulevard in Rockville, Montgomery County, Maryland.
“The defendant, on July 14 of 2004, responded to Headquarters and changed his current address which at the time was Eagles Roost in Germantown, Montgomery County, Maryland, which was the last time he had registered, to a new address of 20013 Sweetgum Circle, Germantown, Montgomery County, Maryland. Your Honor, the State is presenting into evidence State’s Exhibit number 1 which is Mr. Twine’s registration and notice card of his address on Sweetgum in Germantown, Montgomery County, Maryland. At the time of this registration, Your Honor, the State would have Bob Landfair tell the Court that the defendant was advised of his duties and responsibilities under the *544 Maryland State Sex Offender Registry Law. One of those duties and responsibilities is that he must report any changes of residence to the Department of Public Safety and Corrections Services within 7 days of the residence change. Landfair would tell the Court that the defendant acknowledged his duty and responsibility and signed that notice of registrant which the Court has before it.
“On December 14th of 2004, Ms. Gallagher, the property manager from Canterbury Apartments, informed Detective Parker that the defendant had moved out of the apartment several months prior. Detective Parker checked with the Department of Public Safety and Correctional Service database and [it] showed the defendant had not changed his residence of record. The database still shows Twine’s residence at 20013 Sweetgum Circle, Apartment 23, German-town, Montgomery County, Maryland. Detective Parker, as a result, filed the charges on the violations of the defendant failing to submit any change of address within the 7-day period.”

Appellant proffered the following additional facts, to which the State did not object:

“Your Honor, I would include, actually I’m just going to reintroduce the Notice to Registrant that was signed on November 13, 2003 as Defendant’s Exhibit No. 1. It does in fact indicate that a registered sexually violent offender must register annually for the next ten years.
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“Then Defendant’s number 2, which is the initial registration that Mr. Twine completed, or a copy of that which includes the fingerprints and the information that he was at that time on October 29th of 2002 living at 18517 Eagles Roost Drive in Montgomery County. Mr. Twine did comply with the requirements of the registration statute in filling out that information and submitting fingerprinting and giving his address of residence at that time. In November of 2003 he again submitted to fingerprinting as required by Montgomery County and produced a change of residence *545 for 11651 Nebel Street which was the pre-release center, this is Defendant’s Exhibit No. 3, pursuant to a sentence that was imposed for a violation of probation. Then Defendant’s No. 4, which I think is a duplicate of what [the Assistant State’s Attorney] introduced as a State’s exhibit, is the change of address that Mr. Twine submitted for the 20013 Sweetgum Circle on July 14th of 2004, again as required by the statute. He did provide the change of address form.
“And finally, Your Honor, Defendant’s Exhibit No. 5, which is the neighborhood fliers distributed. This is a form the Montgomery County police keep. This is for the offender, Raymond Twine, indicates that on October 31st of 2002, 25 fliers were distributed into the Eagles Roost Drive address and then on July 28th of 2004, 48 fliers were distributed regarding the 20013 Sweetgum Circle address indicating that there was a registered sex offender living in that neighborhood.
“The additional evidence that would be introduced, Your Honor, and [the Assistant State’s Attorney] has stipulated to without the calling of witnesses although there is a witness present in court, was that as a result of these fliers being distributed in the address, Mr. Twine was evicted from the residence at Sweetgum Circle. This occurred during the month of August of 2004. As a result, he became homeless, he had no permanent residence, he was staying wherever he could.

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Twine v. State, 910 A.2d 1132, 395 Md. 539, 2006 Md. LEXIS 757 (Md. 2006).

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