State v. Deshaw

A sex offender is required to report a change of residence within 10 days of that change; the term “‘change of residence’…refer[s] to the date of moving out of the current residence.” ORS 163A.010(3)(a)(B); State v. Cox, 219 Or App 319, 323 182 P3d 259 (2008).

Defendant appealed a conviction for one count of “failure to report as a sex offender” and the resulting revocation of his probation.  On appeal, Defendant argues the trial court applied an incorrect legal standard when it convicted him of failing to report as a sex offender.  Prior to his arrest, Defendant has been living out of his car and had registered his residence as a Walmart parking lot.  The trial court convicted Defendant because he failed to register the second location he parked his car each night after Walmart cleared its parking lot of vehicles.  In response, the State argued that the trial court applied the correct standard and that “the state only had to prove that Defendant left his current residence.”   A sex offender is required to report a change of residence within 10 days of that change; the term “‘change of residence’…refer[s] to the date of moving out of the current residence.”  ORS 163A.010(3)(a)(B); State v. Cox, 219 Or App 319, 323, 182 P3d 259 (2008).  The Court found that the trial court did not convict based on Defendant’s failure to report within 10 days of moving out of his current residence; instead, it convicted Defendant “based on his failure to register” a second residence.  Thus, the Court held that the trial court applied the wrong legal standard.  Probation revocation Reversed; Conviction Reversed and Remanded.