Defendant’s conviction for knowingly failing to report a change of address to his local police department as required by section 6 of the Sex Offender Registration Act was reversed where the State failed to present evidence sufficient to establish a specific unregistered address where defendant stayed for an aggregate period of five or more days in a calendar year.
Appeal from the Circuit Court of Kane County, No. 09-CF-3318; Review Hon. Allen M. Anderson, Judge, presiding.
Thomas A. Lilien and R. Christopher White, both of State Appellate Defender’s Office, of Elgin, for appellant.
Joseph H. McMahon, State’s Attorney, of St. Charles (Lawrence M. Bauer and Kathryn E. Kohls, both of State’s Attorneys Appellate Prosecutor’s Office, of counsel), for the People.
Panel JUSTICE BIRKETT delivered the judgment of the court, with opinion. Justices McLaren and Zenoff concurred in the judgment and opinion.
¶ 1 Following a bench trial, the circuit court of Kane County convicted defendant, Dexter G. Robinson, of violating section 6 of the Sex Offender Registration Act (Act) (730 ILCS 150/6 (West 2008)), holding that defendant, a sex offender, had knowingly failed to report a change in his address to the Aurora police department. Defendant appeals, contending that the State's proof was insufficient because it failed to present evidence of a specific unregistered address where defendant stayed for an aggregate period of five or more days in a calendar year. We agree and reverse.
¶ 2 I. BACKGROUND
¶ 3 On October 16, 2008, Richard Cornforth, who registers sex offenders for the Aurora police department, met with defendant and completed a registration form with him. Defendant gave an address on Crestwood Drive in Aurora. The reverse side of the form listed the requirements of registration, including a requirement that defendant report a change of address within three days. Defendant wrote his initials next to each of these requirements. Subsequently, in 2009, defendant did not report a change of address or register a new address.
¶ 4 On October 16, 2009, Aurora police officer Laura Kolanowski completed a sex offender registration form with defendant, who again provided his address on Crestwood Drive, Aurora. Defendant then read and initialed each line of the form that listed his rights and responsibilities.
¶ 5 On November 22, 2009, Aurora police officer Maxwell Worchester went to the Crestwood Drive address and attempted to verify the information defendant provided on the October 16, 2009, form. Officer Worchester spoke with defendant's grandfather, Tommy Lee Rush, the owner of the house. Rush provided a written report stating that defendant had not lived with him since August 2009 and was working near Davenport, Iowa, at a telemarketing firm. Officer Worchester did not speak with anyone else at the house or call either contact number listed on the form.
¶ 6 At trial, Rush testified that police officers came to his house in 2009 looking for defendant, but he could not remember the date. In November 2009, defendant lived at the house "off and on" and his absences could be longer than a week but shorter than a month. Rush did not know where defendant was during these absences, but he knew that defendant stayed with Rush's son sometimes and possibly had a job in the Davenport area. During this time, defendant kept his belongings at Rush's house, and Rush did not recall telling police on November 22, 2009, that defendant did not have any belongings at his house. Rush admitted that he gets "mixed up" and could not remember the November 22 meeting with the police.
¶ 7 Aurora police officer Laurie Pekich testified that at approximately 11:25 a.m., on November 22, 2009, she received a call while she was working at the front desk of the police station. The caller identified himself as defendant, and he said that he had been advised that police were looking for him at his home. He told her ...