Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Hinkle

Court of Appeals of Oregon

September 20, 2017

STATE OF OREGON, Plaintiff-Respondent,
v.
DONOVA N HINKLE, Defendant-Appellant.

          Argued and submitted January 27, 2016

         Deschutes County Circuit Court 13FE0225 Wells B. Ashby, Judge.

          Anne Fujita Munsey, Deputy Public Defender, argued the cause for appellant. With her on the brief was Peter Gartlan, Chief Defender, Offce of Public Defense Services.

          Joanna L. Jenkins, Assistant Attorney General, argued the cause for respondent. With her on the brief were Ellen F. Rosenblum, Attorney General, and Paul L. Smith, Deputy Solicitor General.

          Before Armstrong, Presiding Judge, and Egan, Judge, and Shorr, Judge.

         Case Summary: Defendant appeals a judgment of conviction for one count of felony failure to report as a sex offender, former ORS 181.599 (2011), for failing to report his new address after he moved residences. A failure to report a move and new address by a sex offender who is required to report is a felony crime if "the crime for which the person is required to report is a felony." Former ORS 181.599(3)(b)(B) (2011). If the crime that triggers the reporting requirement is not a felony, then the failure to report is a misdemeanor. Former ORS 181.599(3) (a) (2011). Defendant has an out-of-state juvenile adjudication for first-degree child molestation that would have been a felony in Oregon had it been committed by an adult. Defendant contends, however, that the juvenile adjudication that triggered his reporting requirement was not a felony because juvenile adjudications are not adjudications for crimes and, therefore, cannot be adjudications for felonies. Held: "The crime for which the person is required to report" in former ORS 181.599(3)(b)(B) (2011) refers to the sexual offense for which a person is convicted as an adult or adjudicated as a juvenile. Thus, failing to report a move to a new residence and new address is a felony if the underlying sexual offense for [287 Or. 787] which a juvenile has been adjudicated would have been a felony in Oregon had it been committed by an adult.

          ARMSTRONG, P. JUDGE.

         [287 Or. 788] Defendant appeals a judgment of conviction for one count of felony failure to report as a sex offender, former ORS 181.599 (2011), for failing to report his new address after he moved residences.[1] A failure to report a move and new address is a felony if "the crime for which the person is required to report is a felony." Former ORS 181.599 (3)(b)(B) (2011). If the crime that triggers the reporting requirement is not a felony, then the failure to report is a misdemeanor. Former ORS 181.599(3)(a) (2011). Defendant has an out-of-state juvenile adjudication for first-degree child molestation that would have been a felony in Oregon had it been committed by an adult. Defendant contends, however, that the juvenile adjudication that triggered his reporting requirement was not a felony because juvenile adjudications are not adjudications for crimes and, therefore, cannot be adjudications for felonies. Hence, according to defendant, the trial court erred in denying his motion for a judgment of acquittal of the crime of felony failure to report. The state responds that the phrase "the crime for which the person is required to report" refers to the statutory offense giving rise to the reporting requirement. Hence, according to the state, defendant's failure to report constituted a felony because the statutory offense for which he was adjudicated as a juvenile was a felony offense. As explained below, we agree with the state and, accordingly, affirm.

         The facts are few and not in dispute. Defendant has a 2006 Washington juvenile adjudication for first-degree child molestation, which would have been a felony offense had defendant been convicted of the offense in Oregon as an adult. Defendant moved his residence in Oregon in 2012 and knowingly failed to report his move and new address to the appropriate Oregon authority. When the state discovered [287 Or. 789] that defendant had moved without reporting his move, the state charged defendant with felony failure to report as a sex offender.

         Defendant demurred to the felony charge, contending that his juvenile adjudication was not for a felony crime, and, thus, he should not have been charged with felony failure to report. The trial court denied the demurrer. Defendant raised the same issue again in his stipulated-facts trial, arguing that the evidence was legally insufficient to convict him of felony failure to report, and, thus, the court was required to acquit him of that crime. The trial court disagreed and convicted defendant of felony failure to report as a sex offender. On appeal, defendant assigns error to both rulings. We address only the trial court's denial of defendant's motion for judgment of acquittal because our resolution of the legal issue on that assignment of error also disposes of defendant's assignment of error on the denial of the demurrer.

         We begin with a brief overview of the relevant sex-offender reporting statutes. Under former ORS 181.609 (1)(b) (2011), renumbered as former ORS 181.809(1)(b) (2013), ORS 163A.025(1)(d), a person is subject to the sex-offender registration and reporting requirements if the person "has been found in a juvenile adjudication in another United States court to have committed an act while the person was under 18 years of age that would constitute a felony sex crime if committed in this state by an adult." One of the reporting requirements in former ORS 181.609 (2011) is a requirement to report within 10 days of a change of residence. Former ORS 181.609(3)(a) (2011). The statute under which defendant was convicted, former ORS 181.599 (2011), applies to, among others, people who are subject to the reporting requirements in former ORS 181.609 (2011) and makes failing to report a crime. Former ORS 181.599 (2011) provided, in part:

"(1) 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:
[287 Or. 790] ****** "
(d) Moves to a new residence and fails to report the move and the person's new address;
******
"(3)(a) Except as otherwise provided in paragraph (b) of this subsection, failure to report as a sex offender is a Class A misdemeanor.
"(b) Failure to report as a sex offender is a Class C felony if the person violates:
"(A) Subsection (1)(a) of this section; or
"(B) Subsection (1)(b), (c), (d) or (g) of this section and the crime for which the person is required to ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.