368 N.C. 717
N.C.2016Background
- Darrett Crockett was a registered sex offender (convicted 1997) required to comply with North Carolina’s sex-offender registration laws.
- Crockett was incarcerated in Mecklenburg County Jail from April 15, 2009 to January 20, 2011; the jail emailed the sheriff that he would live at Urban Ministry Center (945 N. College St.) after release, but Crockett did not complete in-person written registration when released.
- He was arrested again Nov. 7, 2011 and upon release Nov. 17, 2011 signed a Notice of Duty to Register listing Urban Ministries as his address; later (postmarked Feb. 15, 2012) he mailed a letter from a South Carolina jail claiming residence with a cousin in Rock Hill, SC.
- Two indictments charged separate failures to register under N.C.G.S. § 14-208.11: count one covering Jan. 24–Nov. 6, 2011; count two covering Dec. 1, 2011–Feb. 23, 2012.
- At trial a jury convicted Crockett on both counts (July 3, 2013); the Court of Appeals affirmed, and the North Carolina Supreme Court granted discretionary review on whether the evidence supported the indictments.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the State presented sufficient evidence to prove failure to register (Jan. 24–Nov. 6, 2011) | State: jail email and refusal to complete paperwork after release support a willful change of address to Urban Ministries without written notice to sheriff | Crockett: argues insufficient evidence that he willfully failed to register | Held: Sufficient evidence; § 14-208.9 (change-of-address) applies and jury could find willful failure to notify |
| Whether the State presented sufficient evidence to prove failure to register (Dec. 1, 2011–Feb. 23, 2012) | State: signed notice listing Urban Ministries and later letter from SC but no written notice to sheriff; jury could infer move to SC without notification | Crockett: contends evidence shows an out-of-state move governed by § 14-208.9(b), requiring pre-move notice, so the indictment alleging failure to notify within 3 days after change (subsection (a)) didn’t match the proof | Held: Sufficient evidence under § 14-208.9(a); (a) applies to changes generally and (b) overlaps where advance notice is given; conviction affirmed |
| Whether § 14-208.7 (initial registration on release) governs re-release after reincarceration | State: change-of-address statute (§ 14-208.9) governs a registrant who is reincarcerated and released | Crockett: argued § 14-208.7 (registration upon release) should apply | Held: § 14-208.9 governs post-release address changes for registrants who previously completed initial registration |
Key Cases Cited
- State v. Hill, 365 N.C. 273, 715 S.E.2d 841 (2011) (standard for ruling on a motion to dismiss: substantial evidence viewed in the light most favorable to the State)
- State v. Mann, 355 N.C. 294, 560 S.E.2d 776 (2002) (motion-to-dismiss substantial-evidence standard and presumptions for the State)
- State v. Powell, 299 N.C. 95, 261 S.E.2d 114 (1980) (precedent on motion-to-dismiss review and evidentiary inferences)
- State v. Cox, 367 N.C. 147, 749 S.E.2d 271 (2013) (denial of motion to dismiss reviewed de novo)
- State v. Abshire, 363 N.C. 322, 677 S.E.2d 444 (2009) (definition and functional meaning of a registrant’s “address” under the registration statutes)