STATE OF MISSOURI, Plaintiff-Respondent v. LARRY DEAN MOORE
2016 Mo. App. LEXIS 1014
| Mo. Ct. App. | 2016Background
- Defendant (Larry Dean Moore), a convicted sex offender, was required to register under Missouri law.
- In June 2014 Defendant registered in Rich Hill, Bates County and signed a form acknowledging the duty to report address changes within three business days.
- Defendant moved belongings from Rich Hill to Humansville in Polk County; he later registered in Polk County on September 17, 2014.
- Police interviewed Defendant; he admitted moving because he was losing his Bates County home and intended to start a new life in Humansville.
- The State charged Defendant with failing to notify the Polk County sheriff of his new address within three business days of moving; after a bench trial the court convicted and sentenced him to three years.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence proved Defendant changed residence to Polk County before Sept. 17, 2014 | Evidence (registration forms, admissions, moving of furniture, witnesses) showed he moved prior to Sept. 17 | Move was transitory; no proof of a completed change of residence before Sept. 17 | Court found sufficient circumstantial evidence he moved earlier and constituted a change of residence |
| Whether Defendant knowingly failed to register within three business days | Signed Bates County form and admissions support knowledge of registration duty and that he did not register within required period | Claimed possible move date was Sept. 17 and argued transitory living; urged favorable inferences | Court held knowledge may be inferred from conduct, admissions, and the signed registration notice; guilty of knowingly failing to register |
Key Cases Cited
- State v. Holman, 230 S.W.3d 77 (Mo. App. S.D. 2007) (standard for sufficiency of evidence in court-tried criminal case)
- State v. Nash, 339 S.W.3d 500 (Mo. banc 2011) (assessing sufficiency requires evidence that could allow a reasonable juror to find each element beyond a reasonable doubt)
- State v. Hunt, 451 S.W.3d 251 (Mo. banc 2014) (do not reweigh evidence; view evidence in light most favorable to verdict)
- State v. Younger, 386 S.W.3d 848 (Mo. App. W.D. 2012) (duty to report includes temporary or permanent changes in place of dwelling)
- State v. Jacobs, 421 S.W.3d 507 (Mo. App. S.D. 2013) (elements of failing-to-register offense)
- State v. Davis, 407 S.W.3d 721 (Mo. App. S.D. 2013) (intent often proved by circumstantial evidence)
- State v. Barber, 573 S.W.2d 77 (Mo. App. K.C.D. 1978) (court may take judicial notice of calendar days)