Opinion
Docket No. 141340.COA No. 296712.
2011-10-24
PEOPLE of the State of Michigan, Plaintiff–Appellant,v.Larry Randall BELL, Defendant–Appellee.
Prior report: ––– Mich. ––––, 788 N.W.2d 448.
Order
By order of September 27, 2010, the application for leave to appeal the May 10, 2010 order of the Court of Appeals was held in abeyance pending the decision in People v. Dowdy (Docket No. 140603). On order of the Court, the case having been decided on July 11, 2011, 489 Mich. 373, 802 N.W.2d 239 (2011), the application is again considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REVERSE the district court order dismissing the charges. Even if the defendant was homeless, he was obligated to advise law enforcement officers within 10 days after he changed or vacated his previously registered residence or domicile. Dowdy, supra at 381, 802 N.W.2d 239. Homelessness does not prevent a sex offender from complying with the notification obligation pursuant to MCL 28.725(1) because every person must have a legal domicile or, for practical purposes, because the Michigan State Police has promulgated an order to accommodate homeless sex offenders for the purposes of registration. Dowdy, supra at 386–387, 802 N.W.2d 239. The trial court therefore erred in concluding that the homeless defendant was not statutorily mandated to register “something.” We REMAND this case to the
12th District Court for reinstatement of the charges against the defendant and for further proceedings consistent with this order.
MICHAEL F. CAVANAGH, J., would grant leave to appeal.