People v. Robinson
994 N.E.2d 212
Ill. App. Ct.2013Background
- Robinson, a sex offender, was charged with violating 730 ILCS 150/6 for failing to report a change of address to the Aurora police department.
- The State contends Robinson established a new fixed residence or temporary domicile and failed to report it in person.
- Robinson’s initial registration occurred at Crestwood Drive in Aurora in 2008 and again in 2009, with later questions about his location during absences.
- Police attempted to verify his 2009 information; his grandfather testified he had not lived there since August 2009 and Robinson may have worked near Davenport, Iowa.
- The trial court found evidence sufficient to prove a five-day absence from his Crestwood Drive address in a calendar year, and Robinson was convicted.
- The appellate court reversed, holding the State failed to prove a specific unregistered address for the requisite period.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the State proved a specific unregistered address for five days | Robinson | Robinson | Reversed: no specific address proved |
| Whether evidence established a new fixed residence or temporary domicile | Robinson | Robinson | Reversed: no solid address proven |
| Whether evidence was sufficient to prove prior qualifying conviction | State | Robinson | Reversed: record incomplete; insufficient evidence on prior conviction |
| Whether absence from registered address alone supports conviction | State | Robinson | Reversed: absence insufficient without a specific alternative address |
| Whether the State’s reliance on inferences violated substantial evidence standards | State | Robinson | Reversed: conviction not supported by substantial evidence |
Key Cases Cited
- People v. Harris, 333 Ill. App. 3d 741 (2002) (elements of section 6 require a change of address and failure to report)
- People v. Evans, 365 Ill. App. 3d 374 (2006) (proof of residence at an unregistered location supporting conviction)
- People v. Peterson, 404 Ill. App. 3d 145 (2010) (definition of fixed residence and temporary domicile as places stayed for time)
- People v. Murdock, 321 Ill. App. 3d 175 (2001) (review of sufficiency when essential element lacking)