State v. Dinkins
2010 WI App 163
Wis. Ct. App.2010Background
- Dinkins was convicted in 1999 of first‑degree sexual assault of a child and required to register as a sex offender, including the address where he would be residing.
- He was to be released on July 20, 2008, and had to provide the residence information no later than 10 days before release under § 301.45(2)(e)4.
- Dinkins did not know his post‑release address; he attempted to locate housing and planned to live with his daughter but could not obtain her address or housing details.
- A prosecutor warned of potential charges; social workers and parole agents pressed him to provide an address, even if speculative.
- The trial court convicted him after a bench trial; the court withheld sentence and placed him on probation after 90 days of jail, and Dinkins sought postconviction relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Meaning of 'residing' in 301.45(2)(a)5 | Dinkins argues he cannot be convicted because there was no place where he could 'reside'. | State contends any place one may sleep (e.g., park bench) qualifies as an 'address'. | Park bench not an 'address'; residing requires an extended, livable location. |
| Pre-release reporting when no stable residence | Without a predictable residence, he cannot provide the required address. | Statute requires reporting of the address where one will reside, regardless of homelessness. | Cannot convict when no address can reasonably be predicted; legislative fix suggested. |
Key Cases Cited
- State v. Bollig, 232 Wis.2d 561 (2000) (remedial nature of sex offender registry purposes)
- Kalal v. State, 271 Wis.2d 633 (2004) (plain-meaning interpretation and statutory context)
- State v. Perry, 215 Wis.2d 696 (Ct. App. 1997) (statutory interpretation where facts undisputed)
- Schulpius v. State, 298 Wis.2d 155 (Ct. App. 2006) (interpretation of statute where applicable)
- Pickett, 975 P.2d 584 (Wash. Ct. App. 1999) (residence connotes permanence; homelessness not residence)
- Twine v. State, 910 A.2d 1132 (Md. 2006) (homelessness precludes 'residence' under reporting)
