FROM THE FAULKNER COUNTY CIRCUIT COURT. NO. 23CR-16-285.
HONORABLE CHARLES E. CLAWSON, JR., JUDGE.
& Johnston, by: Patrick J. Benca, for appellant.
KENNETH S. HIXSON, Judge. HARRISON and MURPHY, JJ., agree.
KENNETH S. HIXSON, Judge
Appellant Christopher Richardson appeals after he was
convicted by the Faulkner County Circuit Court of failure to
comply with registration and reporting requirements and was
placed on sixty months' probation. Appellant's
attorney has filed a no-merit brief and a motion to withdraw
as counsel pursuant to Arkansas Supreme Court Rule
4-3(k) (2019) and Anders v. California, 386
U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), asserting
that this appeal is wholly without merit. The motion is
accompanied by an abstract and addendum of the proceedings
below, alleged to include all objections and motions decided
adversely to appellant, and a brief in which counsel explains
why there is nothing in the record that would support an
appeal. The clerk of this court mailed a copy of
counsel's motion and brief to appellant's last-known
address informing him of his right to file pro se points for
reversal; however, he has not done so. Consequently, the
attorney general has not filed a brief in response. We grant
counsel's motion to withdraw and affirm the convictions.
Appellant was charged by felony information with failure to
comply with registration and reporting requirements in
violation of Arkansas Code Annotated section 12-12-904. A
bench trial was held on August 1, 2018.
trial, Sex Offender Coordinator Vanda Phillips testified that
she oversaw appellant's compliance as a Level 3 sex
offender. After she received an anonymous tip, she and
Investigator Billy Kenney did a compliance check in March
2016. When she arrived at the RV park registered as his
address, appellant's trailer and vehicle were not located
in his assigned lot. She later located appellant's
trailer outside the entrance of the RV park by the side of
the road, and it had no electricity, water, or utilities
hooked to it. According to Ms. Phillips, Ms. Georgia Beard,
who stated that she collected the rent from anyone that lived
in the RV park, told her that appellant was not living there
anymore but was instead employed as an over-the-road truck
driver. Ms. Beard further reported that appellant would stay
with JoAnn Bradberry when he was not on the road. According
to Ms. Phillips, appellant had reported that his physical
address was at the RV park but that his mailing address was
the same address as Ms. Bradberry. Ms. Phillips further
testified that she was unable to verify his employment. Mr.
Kenney testified at trial and corroborated Ms. Phillips's
Beard testified at trial that she had told Ms. Phillips and
Mr. Kenney that appellant was in the process of moving and
that is why appellant's trailer had been moved. Ms. Beard
further testified that appellant had been receiving mail at
that address. However, on cross-examination, Ms. Beard
testified that appellant's trailer had been moved to
higher ground due to flooding but explained that it was
typically parked in appellant's assigned lot. She
additionally explained that appellant was a truck driver and
would always leave the utilities unhooked to his trailer
while he was away. Finally, Ms. Beard testified that
appellant had continued to pay rent for his lot.
the State rested its case, appellant moved for a directed
verdict arguing that the State had failed to
meet its burden of proof that he did not reside at the
registered address. The trial court denied his motion, and
appellant presented his defense. Two witnesses testified on
his behalf. Brian Bradberry testified that he was the
landlord at the RV park and that appellant always paid rent
for his lot. Mr. Bradberry explained that because appellant
was away for work, he had moved appellant's trailer due
to potential flooding issues and that appellant did not even
know that he had moved it at the time the compliance check
took place. Mr. Bradberry further testified that appellant
was not living with Mr. Bradberry's mother, JoAnn
Bradberry, and that appellant would merely disconnect the
utilities to his trailer when he was traveling for work. Ms.
Bradberry corroborated Mr. Bradberry's testimony. She
testified that appellant would
leave his vehicle at her home when he would travel for work;
however, she denied that ...