State of Arizona v. Lynn Lavern Burbey
CR-16-0390-PR
| Ariz. | Oct 13, 2017Background
- Burbey registered as a sex offender in April 2014 after release to a halfway house.
- In September 2014 he left the halfway house and became homeless, living outdoors.
- He did not notify the Pima County Sheriff within 72 hours that he had moved from the halfway house.
- He was arrested for failing to notify within 72 hours, a class four felony.
- At trial the court instructed that the statute required 72-hour notice of moving from a residence.
- The Arizona Court of Appeals affirmed; the Arizona Supreme Court vacated and reversed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 13-3822(A) requires 72-hour notice for homeless movers or only transient registration. | State argues 72-hour notice applies when moving from a residence. | Burbey argues homeless lacks residence/address so only transient registration applies. | Ambiguity; we adopt separate residence notification and transient registration; only transient applies to homeless. |
| Is the statute void for vagueness given homeless registrants' notice obligations. | State contends notice is clear enough. | Burbey argues unclear duties for homeless. | Statute interpretable to preserve constitutionality; not void for vagueness. |
Key Cases Cited
- State v. Holle, 240 Ariz. 300 (2016) (statutory interpretation and standard of review principles)
- State v. Pena, 235 Ariz. 277 (2014) (interpretation of terms in statute; ordinary meaning applied)
- Stambaugh v. Killian, 242 Ariz. 508 (2017) (contextual interpretation of terms; ordinary meaning used)
- Collins v. Stockwell, 137 Ariz. 416 (1983) (canon of construction; legislative intent)
- State v. Noble, 171 Ariz. 171 (1992) (overriding purpose of registration statutes)