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Wilson v. State

Court of Appeals of Arkansas, Division II

March 9, 2016

THOMAS RAY WILSON, APPELLANT
v.
STATE OF ARKANSAS, APPELLEE

         Counsel Amended March 11, 2016.

          APPEAL FROM THE MARION COUNTY CIRCUIT COURT. NO. CR-15-33. HONORABLE GORDON WEBB, JUDGE.

         Potts Law Office, by: Gary W. Potts, for appellant.

         Leslie Rutledge, Att'y Gen., by: Adam Jakcson, Ass't Att'y Gen., for appellee.

         Gordon Webb

         KENNETH S. HIXSON, Judge. KINARD and WHITEAKER, JJ., agree.

          OPINION

Page 699

          KENNETH S. HIXSON, Judge

         Appellant Thomas Wilson, a convicted sex offender, was convicted in a bench trial of failure to comply with registration requirements under the Sex Offender Registration Act. His conviction was based on his failure to report a change of address. Mr. Wilson was sentenced to two years in prison followed by a one-year suspended imposition of sentence. Mr. Wilson's sole argument on appeal is that there was insufficient evidence to support his conviction. We affirm.

          Arkansas Code Annotated section 12-12-904(a)(1)(A)(ii) (Supp. 2015) provides that a person is guilty of a Class C felony who " [f]ails to report a change of address, employment, education, or training as required under this subchapter." " Change of address" is defined as " a change of residence or a change for more than thirty (30) days of temporary domicile, change of location of employment, education or training, or any other change that alters where a sex offender regularly spends a substantial amount of time." Ark. Code Ann. § 12-12-903(4). Arkansas Code Annotated section 12-12-909(b)(1)(A) provides, in relevant part:

(A) Before a change of address within the State, a sex offender shall report the change of address to the local law enforcement agency having jurisdiction no later than ten (10) days before the sex offender establishes residency or is temporarily domiciled at the new address.
(B) The sex offender shall report to the local law enforcement agency having jurisdiction of the new address within three (3) days after relocating to the new address.

          On appellate review of the sufficiency of the evidence, we determine whether the verdict is supported by substantial evidence. Ashe v. State, 57 Ark.App. 99, 942 S.W.2d 267 (1997). We view the evidence in the light most favorable to the State, considering only the evidence that supports the verdict. Rollf v. State, 2015 Ark.App. 520, 472 S.W.3d 490. The evidence, whether direct or circumstantial, is sufficient to support a conviction if it compels a conclusion and passes beyond mere suspicion or conjecture. Id.

         On January 29, 2015, Mr. Wilson registered as a sex offender with the Marion County Sheriff's Department. Appellant registered as " homeless" and listed his place of ...


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