State v. Flowers
State v. Flowers
Opinion of the Court
¶1 The State challenges the trial court’s grant of Phillip Flowers’s motion to dismiss based on its ruling that he did not commit the crime of failing to register as a sex offender under RCW 9A.44.130(6)(b) and its ruling that the statute violates our constitution. We agree that Flowers did not commit a crime under the statute and affirm.
FACTS
¶2 Flowers is a convicted sex offender, classified as a level II offender. Because of his convictions, the State
¶3 Under RCW 9A.44.130(6)(b),
¶4 On July 15, 2008, Flowers reported to the Cowlitz County Sheriff’s Office and indicated that he had stayed at a certain address on July 12 and July 13. Apparently, he had not stayed at that address on those dates.
¶5 On July 18, the State charged Flowers with failure to register as a sex offender under RCW 9A.44.130(ll)(a).
¶6 Flowers filed a Knapstad* *
ANALYSIS
Statutory Reporting Requirements
¶7 The State argues that RCW 9A.44.130(6)(b) requires transient sex offenders to accurately report their locations during the previous week. Flowers responds that, because the statute authorizes only the county sheriff to require such reporting, the reporting is not a statutory requirement. Therefore, he asserts that a transient sex offender’s failure to report locations over the previous week is not a crime under RCW 9A.44.130(ll)(a).
¶8 We review questions of statutory interpretation de novo. State v. Jacobs, 154 Wn.2d 596, 600, 115 P.3d 281 (2005). When interpreting a statute, we seek to ascertain the legislature’s intent. Jacobs, 154 Wn.2d at 600. Where plain on its face, we give effect to that meaning as express
¶9 RCW 9A.44.130(ll)(a) makes it a crime for sex offenders to knowingly fail to comply with any of the requirements of “this section,” referring to RCW 9A.44.130. RCW 9A.44.130(6)(b) authorizes, but does not require, the county sheriff to command that transient sex offenders list their locations during the previous week. Because the statute does not mandate that transient sex offenders list their locations, it is not a “requirement” for which noncompliance is a crime under RCW 9A.44.130(ll)(a). Flowers simply failed to comply with the sheriff’s requirements.
¶10 Moreover, this interpretation does not lead to an absurd result because the State could have charged Flowers with another crime. The State could have charged him with making a false or misleading statement to a public servant, a violation of RCW 9A.76.175.
¶11 Affirmed.
RCW 9A.44.130(6)(b) provides:
A person who lacks a fixed residence must report weekly, in person, to the sheriff of the county where he or she is registered. The weekly report shall be on a day specified by the county sheriff’s office, and shall occur during normal business hours. The county sheriff’s office may require the person to list the locations where the person has stayed during the last seven days. The lack of a fixed residence is a factor that may be considered in determining an offender’s risk level and shall make the offender subject to disclosure of information to the public at large pursuant to RCW 4.24.550.
RCW 9A.44.130(11)(a) provides:
A person who knowingly fails to comply with any of the requirements of this section is guilty of a class C felony if the crime for which the individual was convicted was a felony sex offense as defined in subsection (10)(a) of this section or a federal or out-of-state conviction for an offense that under the laws of this*465 state would be a felony sex offense as defined in subsection (10)(a) of this section.
State v. Knapstad, 107 Wn.2d 346, 729 P.2d 48 (1986) (upholding a motion to dismiss for lack of material facts sufficient to prove guilt).
Because we affirm the trial court on its first basis, we do not address the State’s arguments that the trial court erred in its decision based on equal protection, due process, and separation of powers arguments grounds.
Under RCW 9A.76.175, “A person who knowingly makes a false or misleading material statement to a public servant is guilty of a gross misdemeanor. ‘Material statement’ means a written or oral statement reasonably likely to be relied on by a public servant in the discharge of his or her official powers or duties.”
But, given his acquittal, the mandatory joinder rule, CrR 4.3.1(b)(3), likely bars the State from later charging Smith for this crime under these facts. See State v. Gamble, 168 Wn.2d 161, 168-72, 225 P.3d 973 (2010) (mandatory joinder rule is intended to prevent retrying the defendant for the same conduct after an acquittal).
Reference
- Full Case Name
- The State of Washington v. Phillip White Flowers
- Cited By
- 3 cases
- Status
- Published