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State v. Pressley

Court of Appeals of North Carolina

August 19, 2014

STATE OF NORTH CAROLINA
v.
ANTHONY PRESSLEY

Heard in the Court of Appeals March 6, 2014

Rowan County. No. 12 CRS 55671.

Roy Cooper, Attorney General, by Mr. Hal F. Askins, Special Deputy Attorney General, for the State.

Ms. Gilda C. Rodriguez for defendant-appellant.

DAVIS, Judge. Judges CALABRIA and STROUD concur.

OPINION

Page 375

Appeal by defendant from judgments entered 11 June 2013 by Judge W. Erwin Spainhour in Rowan County Superior Court. Heard in the Court of Appeals 6 March 2014.

DAVIS, Judge.

Anthony Pressley (" Defendant" ) appeals from judgments entered upon a jury verdict finding him guilty of two counts of failure to register as a sex offender pursuant to N.C. Gen. Stat. § 14-208.11, based on his listing of a false address on forms submitted to law enforcement officers following his release from prison. Defendant argues on appeal that the trial court (1) erred in denying his motion to dismiss based on the State's failure to show that one of the forms containing false information was actually required by law to be submitted; (2) committed plain error in failing to instruct the jury regarding the statutorily designated intervals at which such forms must be submitted; and (3) erred in denying his motion to dismiss based on his contention that he was charged twice for the same offense. After careful review, we conclude that Defendant received a fair trial free from error.

Factual Background

The State's evidence at trial tended to establish the following facts: Defendant was previously found guilty in Rowan County Superior Court of taking indecent liberties with a child. He was sentenced to a term of 19-23 months imprisonment and was released from prison on 23 April 2012. Pursuant to N.C. Gen. Stat. § 14-208.7, Defendant - as a convicted sex offender - was required to provide, upon his release from prison, a signed form to the sheriff of his county of residence containing, inter alia, the following information:

The person's full name, each alias, date of birth, sex, race, height, weight, eye color, hair color, drivers license number, and home address.

N.C. Gen. Stat. § 14-208.7(b)(1) (2013) (emphasis added).

Upon his release from prison on 23 April 2012, Defendant registered with the Rowan County Sheriff's Office, listing his residence on the form as 364 Culbertson Estate's Drive, Woodleaf, North Carolina, which was the address of his mother's home. On 4 June 2012, at the written direction of the State Bureau of Investigation, Defendant signed an additional verification of information form, continuing to list this same address.

On 3 July 2012, David Allen (" Chief Allen" ), the Chief of Police for ...


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