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Charles Robert Withrow Jonesv.The State

CourtCourt of Appeals of Georgia
Docket No.A16A2001
DecidedFebruary 27, 2017
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal ProcedureStatutory InterpretationSufficiency of the EvidenceReversalDirect Appeal
Case Summary

Charles Robert Withrow Jones was convicted of violating Georgia’s sexual-offender-registration statute by failing to report to the proper sheriff within the statutory period before his birthday. Jones had moved from Gwinnett County to Walton County shortly before the deadline, registered in Walton County, and testified that he had begun sleeping there even though the move was not complete. The State relied on the registration records and argued that the evidence established a failure to renew the required information. The Court of Appeals reversed because the evidence did not prove the specific statutory violation charged in the indictment. The statute required an offender to report to the sheriff of the county where he resided or slept, and the record did not establish beyond a reasonable doubt that Jones was required to report to Gwinnett County during the charged period. The court therefore did not reach his other evidentiary and burden-of-proof arguments. The conviction was reversed. Two judges concurred.

Opinion

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