Albert Dotie, Jr. v. State
2015 Tex. App. LEXIS 10046
| Tex. App. | 2015Background
- Appellant Albert Dotie, Jr., a convicted sex offender, was indicted for failing to report a change of address in violation of Texas Code of Criminal Procedure art. 62.055(a). He was convicted by a jury and sentenced to four years’ imprisonment.
- Dotie had long registered with Marion County registrar Deronda Riley and was required to report any intended move at least seven days before changing address.
- Records and testimony indicated Dotie listed 408 Saint John and 305 W. Watson as prior addresses; evidence showed he leased 1406 FM 2208 (outside city limits) and moved belongings there in late December 2013–early January 2014.
- Riley first learned of the FM 2208 address from a Shreveport booking record and a Louisiana law‑enforcement report; Dotie did not inform Riley of the move until January 10, 2014.
- The State presented the lease, landlord testimony, Dotie’s admissions about intending to move and later moving, and testimony from the county registration officer; Dotie contested the timing and disputed actual residency before arrest.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Dotie) | Held |
|---|---|---|---|
| Whether the evidence is legally sufficient to prove Dotie failed to report an intended change of address seven days before moving | State: Lease, landlord testimony, jail booking address, and Dotie’s admissions show he intended and did move to FM 2208 and failed to report timely | Dotie: Evidence at best shows he only considered moving or still lived at prior address; he attempted to register and had not resided at FM 2208 seven days before arrest | Court: Evidence sufficient—intent + physical acts (lease, moving belongings, admissions) fixed residence and support conviction |
| Whether Mills v. Bartlett controls residency timing | State: Mills supports that intent combined with binding act (lease) and some presence can establish residence | Dotie: Relies on Mills and other cases to argue state failed to prove actual move date | Court: Mills supports State; intent + lease/moving conduct establish residence as of lease/move dates |
| Whether conflicting testimony about prior addresses defeats sufficiency | State: Jury may reject defense testimony and resolve credibility against Dotie | Dotie: Presence of testimony suggesting he still lived at prior addresses creates reasonable doubt | Court: Credibility conflicts resolved by jury; sufficiency stands |
| Applicability of prior cases (e.g., Rios, Green) to require more direct proof of residency change | Dotie: Cites Rios/Green to claim State failed to prove the specific date of change or actual residency | State: Distinguishes those cases; Thomas and others permit inference of intent where evidence shows living at new address by specific date | Court: Rios/Green inapplicable; Thomas and related authority control—evidence allowed reasonable inference of intended change and failure to report |
Key Cases Cited
- Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App. 2010) (standard for reviewing legal sufficiency of evidence)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (benchmark for sufficiency review)
- Mills v. Bartlett, 377 S.W.2d 636 (Tex. 1964) (residency determined by intent combined with binding acts and presence)
- Thomas v. State, 444 S.W.3d 4 (Tex. Crim. App. 2014) (permitting inference of intent to change residence where evidence shows defendant living at new address)