in the Court of Appeals 8 August 2016.
by defendant from judgment entered on or about 5 November
2015 by Judge William D. Albright in Superior Court, Surry
County No. 15CRS000692-94.
Attorney General Joshua H. Stein, by Assistant Attorney
General William P. Hart, Jr., for the State.
S. Zimmer, for defendant-appellant.
appeals judgment from two convictions arising out of his
failure to inform the sheriff's office of his address
after being released on parole and one conviction for
attaining the status of habitual felon. For the following
reasons, we vacate one of defendant's convictions on the
basis of double jeopardy, find no error on the other issues
raised, and remand for resentencing.
general background of this case was stated in State v.
On or about 22 July 2013, defendant was indicted for failing
to register as a sex offender. Thereafter, on or about 7
October 2013, defendant was indicted for attaining the status
of habitual felon. During defendant's trial, two
witnesses testified on behalf of the State. The first witness
was defendant's supervising parole officer who testified
that though defendant had on more than one occasion
previously registered as a sex offender within three business
days as required by law, defendant eventually refused to
register after he was released from incarceration after a
parole violation, stating that he was already registered and
nothing had changed. The second witness was a detective with
the Surry County Sheriff's Office who testified that he
went to a magistrate for an arrest warrant due to
defendant's failure to register within three business
days of being released from incarceration, although he too
noted defendant had previously registered.
___ N.C.App. ___, 775 S.E.2d 695, slip op. at 1-2. (No.
COA14-1019) (June 16, 2015) (unpublished) ("Reynolds
I"). In Reynolds I, this Court vacated
defendant's convictions concluding North Carolina General
Statute § 14-208.11(a)(1) "logically applies only
to individuals who are registering for the first time and not
to defendant, who was already registered." See
id. at 4.
in August of 2015, defendant was again indicted for failure
to report a new address as a sex offender and failure to
report in person as a sex offender, both on the same offense
date as in Reynolds I, but under North Carolina
General Statute § 14-208.11(a)(2) and (a)(7). Defendant
was also indicted for attaining the status of habitual felon.
After a trial, the jury found defendant guilty on all counts,
and the trial court entered judgment. Defendant appeals.
was convicted of two separate crimes arising from his failure
to register his change of address, one pursuant to North
Carolina General Statute § 14-208.11(a)(2) and one
pursuant to North Carolina General Statute §
14-208.11(a)(7). North Carolina General Statute §
14-208.11(a) provides in pertinent part:
(a) A person required by this Article to register who
willfully does any of the following is guilty of a Class F
. . . .
(2) Fails to notify the last registering sheriff of a change
of address as required by this Article. . . . .
(7) Fails to report in person to the sheriff's office as
required by G.S. 14-208.7, 14-208.9, and 14-208.9A.
N.C. Gen. Stat. § 14-208.11(a) (2013).
Carolina General Statute § 14-208.11(a)(7) refers to
three other statutes which address registration in different
situations, but only one, § 14-208.9, is applicable in
this situation. Thus here, the State was required to prove
that defendant failed to register as required by North
Carolina General Statute ...