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State v. Dinkins
2010 WI App 163
Wis. Ct. App.
2010
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Background

  • 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)
Read the full case

Case Details

Case Name: State v. Dinkins
Court Name: Court of Appeals of Wisconsin
Date Published: Nov 18, 2010
Citation: 2010 WI App 163
Docket Number: No. 2009AP1643-CR
Court Abbreviation: Wis. Ct. App.