Opinion
41800-2-II
02-07-2012
STATE OF WASHINGTON, Respondent, v. CORY DEAN ANDREWS, Appellant.
UNPUBLISHED OPINION
Hunt, J.
Cory Dean Andrews appeals his bench trial conviction for failing to register as a sex offender. He argues that the State failed to present sufficient evidence that he had not registered after changing addresses. We affirm.
FACTS
Andrews is required to register as a sex offender. On June 11, 2009, he registered his address as 1423 Violet Meadows Street South in Tacoma. He did not register a different address for the period from December 3 to December 15, 2009.
On December 14, 2009, probation officer Marc Fernandes went to the Violet Meadows group home to check on Andrews but was unable to locate him. Fernandes spoke with the group home's manager, Phillip Holladay, who explained that (1) he had evicted Andrews from the group home on December 3 for non-payment of rent, (2) Andrews had not been staying at the group home for some time, and (3) he (Holladay) had no way to contact Andrews about the belongings he had left at the group home and had called Andrews' brother to retrieve Andrews' belongings.
The next day, December 15, Andrews came to Fernandes' office and reported that he was still living at the group home. But when Fernandes confronted Andrews with this untruth, Andrews responded that he had been staying with his girlfriend.
The State charged Andrews with having failed to register his residence address between December 3, 2009, and December 15, 2009. Andrews waived his right to a jury trial. Holladay and Fernandes testified as described above. Holladay also testified that he had been at the group home continuously between December 3 and 15 and that Andrews had not been at the group home during that period.
Andrews' brother, Mike Andrews, also testified. Mike first testified that he had retrieved Andrews' belongings in late December. Mike later testified that he had retrieved Andrews' belongings sometime between early to mid December.
We use Mike's first name for clarity. We intend no disrespect.
Andrews testified that (1) between December 3 and 15, he had been staying at his girlfriend's home two to four nights a week; (2) he was avoiding Holladay because of the unpaid rent; (3) he considered the group home to be his residence because he spent some nights there and because his belongings were there; and (4) he had four previous convictions for failure to register as a sex offender.
The trial court found Andrews guilty and entered the following pertinent findings of fact:
XXVI.
That Phillip Holladay was the group home manager of 1423 Violet Meadows, in Tacoma, Washington during the period of December 3, 2009 through December 15, 2009. That defendant had become late on his rental payments, and had been evicted from 1423 Violet Meadows, in Tacoma, Washington for failure to pay rent.
XXVII.
That defendant had moved out of 1423 Violet Meadows, in Tacoma, Washington on December 3, 2009. That Mr. Holladay subsequently contacted defendant's brother, Mike Andrews, and reported that he come [sic] to the house to remove defendant's property. . . . .
XXIX.
That Phillip Holladay testified at trial. That Mr. Holladay was a credible witness.
XXXI.
That Mike Andrews testified at trial. That Mike Andrews exhibited bias as a witness.
XXXIII.
That defendant testified at trial. That defendant was not a credible witness. Clerk's Papers(CP) at 11-12. Andrews appeals.
A commissioner of our court initially considered Andrews' appeal as a motion on the merits under RAP 18.14 and then transferred it to a panel of judges.
ANALYSIS
Andrews argues that the trial court erred when it found Andrews guilty of failure to register as a sex offender and when it entered Findings of Fact XXVI and XXVII. Andrews argues that the State failed to present sufficient evidence that he had knowingly changed his residence from the group home on December 3, 2009, and had failed to register a new address. He contends that although he stayed with his girlfriend some nights, he stayed at the group home other nights and he still considered the registered group home to be his residence. This argument fails.
"The test for determining the sufficiency of the evidence is whether, after viewing the evidence in the light most favorable to the State, any rational trier of fact could have found guilt beyond a reasonable doubt." State v. Salinas, 119 Wn.2d 192, 201, 829 P.2d 1068 (1992). A claim of insufficiency admits the truth of the State's evidence and all inferences that can be reasonably drawn from that evidence. Salinas, 119 Wn.2d at 201. The reviewing court "must defer to the trier of fact on issues of conflicting testimony, credibility of witnesses, and the persuasiveness of the evidence." State v. Thomas, 150 Wn.2d 821, 874-75, 83 P.3d 970 (2004) (citing State v. Cord, 103 Wn.2d 361, 367, 693 P.2d 81 (1985)).
Taken in the light most favorable to it, the State's evidence was sufficient for any rational trier of fact to have found Andrews guilty beyond a reasonable doubt: On December 3, 2009, Holladay had evicted Andrews from the group home for non-payment of rent; Holladay had not seen Andrews at the group home from December 3 to 15, 2009; Holladay had contacted Andrews' brother to retrieve his personal belongings; Andrews admitted that he had been staying with his girlfriend several nights per week; and Andrews had not registered a new address for the period from December 3 to 15, 2009. We hold, therefore, that the State presented sufficient evidence that Andrews had knowingly changed his residence address but had not registered a new address within three days of moving, in violation of former RCW 9A.44.130(5)(a) and (11)(a) (2009).
The trial court did not find credible Andrews' testimony that he still considered the group home his residence between December 3 and 15, 2009.
We affirm.
A majority of the panel having determined that this opinion will not be printed in the Washington Appellate Reports, but will be filed for public record in accordance with RCW 2.06.040, it is so ordered.
We concur: Armstrong, P.J. Johanson, J.