State v. Ribas

Summary

The Oregon Supreme Court affirmed the defendant’s conviction for failing to report a change of residence as a sex offender. The court held that the state was bound by the factual theory it pursued at trial, but that the precise date alleged in the indictment was not a material element of the offense. The court concluded that sufficient evidence supported the conviction under the state’s trial theory.

Holdings

1. The state is bound by the factual theory it pursued at trial and on appeal when it relied on that theory to oppose a defendant's motion and then seeks to uphold the conviction on a different factual theory.
2. For failure to report a change of residence as a sex offender, the passage of ten days after the change of residence is a material element, but the exact date of the residence change and the exact date on which the ten-day period ended are not material elements requiring pleading and proof.
3. The evidence was sufficient for a reasonable trier of fact to find that Ribas changed residences after February 15, 2019, failed to report within ten days, and committed the offense on or about the date alleged in the indictment.

Questions Presented

1. Whether the state was bound on appeal by the factual theory it pursued in opposing defendant's motion to dismiss at trial.
2. Whether the state had to plead and prove the exact date alleged in the indictment for the offense of failing to report a change of residence within ten days.
3. Whether the evidence was sufficient to support the conviction under the state's trial theory and the indictment's allegation that the offense occurred on or about February 25, 2019.

Disposition

affirmed