State v. McLarrin

A confession alone is insufficient to convict a defendant, and even so, “there must be some proof, aside from the confession, as to the relevant facts.” State v. Chatelain, 347 Or 278, 287 (2009).

Defendant was required to report as a sex offender and report to a law-enforcement office within 10 days of a change of residence. On September 6 and 8, the defendant admitted to changing his residence to his aunt’s house. On September 10, the defendant confessed to living with his aunt for more than 10 days but had not updated his registration. The trial court denied the defendant’s motion for judgment of acquittal because his admissions were sufficient to corroborate his confession. On appeal, the court determined that a confession alone is insufficient to convict a defendant and there must be some proof as to the relevant facts. Additionally, independent evidence must be introduced to show that “‘(a) the injury or harm specified in the crime occurred’ and ‘(b) that injury or harm was caused by someone’s criminal activity.’” State v. Chatelain, 347 Or 278, 284 (2009). The court found that the legislature had not identified an injury or harm in a sex offender waiting up to 10 days before reporting. While the defendant confessed to living at his aunt’s house for more than 10 days on September 10, the independent evidence and relevant facts did not establish that he moved to his aunt’s house more than 10 days on or before August 31 because there was a possibility that he moved to his aunt’s house on or after September 1, in which case no crime occured. Reversed.