Summary
The Kansas Supreme Court reversed Wilbur R. McElroy's conviction for violating the Kansas Offender Registration Act. The court held that the charging document and jury instruction alleged failure to notify the Sedgwick County Sheriff's Department, whereas the applicable statute required written notification to the Kansas Bureau of Investigation. The court also concluded that Sedgwick County was not a proper venue because the required notification was to be filed with the KBI in Shawnee County and the change of address occurred in California.
Holdings
- The complaint and jury instruction failed to charge a registration-of-offender violation because K.S.A. 2002 Supp. 22-4904(b)(1) required the offender to provide written notice of a change of address to the Kansas Bureau of Investigation, while the charging documents alleged only a failure to notify the Sedgwick County Sheriff's Department.
- Sedgwick County was not a proper venue and lacked jurisdiction to try McElroy for the charged registration violation because the required notification was to be sent to the KBI in Shawnee County, and the operative change of address occurred in California rather than Sedgwick County.
Questions Presented
- Whether the complaint and jury instruction adequately charged a registration-of-offender violation under K.S.A. 2002 Supp. 22-4904(b)(1) when they alleged failure to notify the Sedgwick County Sheriff's Department rather than the Kansas Bureau of Investigation.
- Whether Sedgwick County was a proper venue and had jurisdiction to prosecute the alleged failure to report a change of address when the notice was required to be sent to the Kansas Bureau of Investigation in Shawnee County and the change of address occurred in California.
Disposition
reversed
Cases Cited (17)
- State v. Hooker, 271 Kan. 52, 60, 21 P.3d 964 (2001)(followed)
- State v. Hall, 246 Kan. 728, 764-65, 793 P.2d 737 (1990)(followed)
- Ferguson v. State, 276 Kan. 428, 78 P.3d 40 (2003)(limited)
- State v. Martis, 277 Kan. 267, 275, 83 P.3d 1216 (2004)(followed)
- State v. Manbeck, 277 Kan. 224, 83 P.3d 190 (2004)(followed)
- State v. Van Hoet, 277 Kan. 815, 826, 89 P.3d 606 (2004)(followed)
- State v. Wilkinson, 269 Kan. 603, 609, 9 P.3d 1 (2000)(followed)
- State v. Stevens, 26 Kan. App. 2d 606, 609, 992 P.2d 1244 (1999), rev. denied, 268 Kan. 895 (2000)(followed)
- State v. Boorigie, 273 Kan. 18, 23, 41 P.3d 764 (2002)(followed)
- State v. Redford, 242 Kan. 658, 672, 750 P.2d 1013 (1988)(followed)
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Court Document
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