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State v. Moore

Court of Appeals of Missouri, Southern District

October 11, 2016

STATE OF MISSOURI, Plaintiff-Respondent,
v.
LARRY DEAN MOORE, Defendant-Appellant.

         APPEAL FROM THE CIRCUIT COURT OF POLK COUNTY Honorable Michael O. Hendrickson

         Larry Dean Moore ("Defendant") challenges his conviction after a bench trial for failing to register as a sexual offender. See section 589.425.1.[1] Defendant's point on appeal claims "the evidence did not prove" that he had changed his residence and then "knowingly failed to register a change of residence within the required three days." Finding no merit in this claim, we affirm.

         Applicable Principles of Review and Governing Law

         We review the sufficiency of the evidence in a court-tried criminal case "by applying the same standard used in a jury-tried case." State v. Holman, 230 S.W.3d 77, 82 (Mo. App. S.D. 2007).

Appellate review of sufficiency of the evidence is limited to whether the State has introduced sufficient evidence from which a reasonable juror could have found each element of the crime beyond a reasonable doubt. State v. Nash, 339 S.W.3d 500, 508-09 (Mo. banc 2011). This Court does not reweigh the evidence but, rather, considers it in the light most favorable to the verdict and grants the State all reasonable inferences. Id. at 509. Contrary evidence and inferences are disregarded. Id. The Court may not supply missing evidence or give the State the benefit of unreasonable, speculative, or forced inferences.

State v. Hunt, 451 S.W.3d 251, 257 (Mo. banc 2014).

         A person convicted of certain offenses including "a felony offense of chapter 566" or an offense requiring registration under federal law, is required to "register with the chief law enforcement official of the county" in which that person resides. Section 589.400.1(1), (7), and .2. If a person required to register as a sexual offender

changes such person's residence or address to a different county . . . the person shall appear in person and shall inform both the chief law enforcement official with whom the person last registered and the chief law enforcement official of the county . . . having jurisdiction over the new residence or address in writing within three business days of such new address[.]

         Section 589.414.2. "[T]he obligation to report a change of residence encompasses an obligation to report any temporary or permanent change in the place where an offender is actually living or dwelling." State v. Younger, 386 S.W.3d 848, 855 (Mo. App. W.D. 2012).

         The elements of the crime of failing to register as a sexual offender are: "(1) Defendant was required to register under Sections 589.400 to 589.425; (2) Defendant changed his residence; (3) Defendant did not inform [the chief law enforcement official] of the change within three days of the change; and (4) Defendant acted knowingly." State v. Jacobs, 421 S.W.3d 507, 513 (Mo. App. S.D. 2013) (en banc). The "knowingly" mens rea applies both to the individual's change of residence and failure to notify the proper authorities of the change. Younger, 386 S.W.3d at 858.

         The Evidence

         The State's amended information charged "that between September 5, 2014 and September 17, 2014, [Defendant] knowingly failed . . . to notify the Sheriff of Polk County of his new address in person and in writing within three business days of moving from . . . Bates County to . . . Polk County, his new address." This summary of the evidence relevant to that charge is in keeping with the requirement that we view it in the light most favorable to the State. See Hunt, 451 S.W.3d at 257; Holman, 230 S.W.3d at 83.

         In 1994, Defendant was convicted of forcible rape in Dallas County. See section 566.030.1, RSMo 1994. A "MISSOURI STATE HIGHWAY PATROL MISSOURI SEX OFFENDER REGISTRATION" form, received into evidence as State's Exhibit 4, documented Defendant's registration while residing in Rich Hill, Bates County, in June 2014 ("the Bates County form"). The fourth page of the Bates County form was signed by Defendant, and it included numbered paragraphs ...


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