State v. McAvoy

Summary

The North Dakota Supreme Court affirmed Roger Patrick McAvoy’s conviction for failing to register as a sex offender under N.D.C.C. § 12.1-32-15(2), while directing that the criminal judgment be amended to reflect that the conviction followed a jury trial rather than a guilty plea. The court held that sufficient evidence supported the conviction under alternative theories concerning McAvoy’s residence, relocation, and registration obligations.

Holdings

1. The evidence was sufficient for a rational jury to find McAvoy guilty under N.D.C.C. § 12.1-32-15(2). The jury could reasonably find either that he never resided at the registered West Indiana address or that, after being ejected and moving to Sioux County, he was required to register a new address within three days and failed to do so.
2. The conviction was affirmed, but the criminal judgment had to be amended to reflect that McAvoy was convicted after a jury trial and verdict finding him guilty, rather than by a guilty plea.

Questions Presented

1. Whether sufficient evidence supported McAvoy's conviction for failure to register as a sex offender under N.D.C.C. § 12.1-32-15(2).
2. Whether the criminal judgment should be amended because it incorrectly stated that McAvoy was convicted by a guilty plea rather than by a jury trial and verdict.

Disposition

affirmed