Jackson v. the State
335 Ga. App. 597
Ga. Ct. App.2016Background
- Jackson pleaded guilty in 2004 to statutory rape and was required to register as a sex offender; he listed a Warner Robins address in Houston County.
- He knew he had to report any move and update his registration within 72 hours.
- After June 2011 Houston County officers could not locate him at the Warner Robins address.
- An investigation revealed he had moved to Macon (Bibb County) and lived with his girlfriend, but he did not register the Macon address.
- Jackson admitted at a preliminary hearing that he moved because the Warner Robins address lacked electricity or water.
- He was arrested at the Macon address in January 2012 and indicted for failing to register in violation of OCGA § 42-1-12.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in overruling Jackson's general demurrer to the indictment | Jackson: indictment defective for failing to allege he was a registrant required to register | State: indictment charged violation of OCGA § 42-1-12 and incorporated statute's requirements | Court: demurrer properly denied; indictment not fatally defective |
| Whether venue was properly alleged | Jackson: indictment failed to properly allege venue | State: indictment specifically alleged Houston County; county not an essential element | Court: venue properly alleged |
| Whether evidence was sufficient to support conviction for failure to register | Jackson: insufficient evidence that he failed to register as required | State: evidence showed he moved to Macon and did not update registration within 72 hours | Court: evidence sufficient; denial of directed verdict proper |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for reviewing sufficiency of the evidence)
- Palmer v. State, 282 Ga. 466 (pretrial motions timing under OCGA § 17-7-110)
- Shabazz, 291 Ga. App. 751 (timing and quashing of indictment defects)
- Dixson v. State, 313 Ga. App. 379 (admission of conduct can establish violation of registration statute)
- Bryson v. State, 282 Ga. App. 36 (failure to notify authorities after moving supports conviction)
- State v. Canup, 300 Ga. App. 678 (living at a new address without notifying authorities supports conviction)
- Grace v. State, 295 Ga. 657 (venue and essential elements analysis)