October 14, 2019, 2:14 pm
In a decision handed down by Florida’s 4th District Court of Appeal, the Fourteen (14) YEAR sentence of a person required to register for a Failure to Register charge was overturned after the state could not prove he failed to register within 48 hours of “establishing a residence”
The appellant was released from prison in February of 2015. A couple months later he was picked up in Broward and charged with failure to report within 48 hours of establishing a permanent, temporary or transient residence in Broward and also for failing to update his drivers license. He challenged the charges, stating that the State could not prove their case – that he “established a residence” in Broward and failed to report it. Nonetheless he was convicted and sentenced to a very harsh 14.8 years in prison. He appealed.
The FDLE’s only witness was an employee who received a tip that he had not registered and a supermarket surveillance video that showed him, on some date, in Broward.
The appellate court held that wasn’t sufficient. The State did not prove that he established a residence (permanent, temporary, or transient) in Broward (ie: same place 3 or more days in the aggregate during the calendar year) such that he violated the law. The state didn’t meet it’s burden. The law doesn’t say you have to register in a county within 48 hours – it says you need to register within 48 hours of establishing a permanent, temporary or transient residence.
Kudos to the appellant for challenging his case and not taking a quick plea. Congrats to Carey Haughwout, Palm Beach County Public Defender, for taking on the appeal!!! The opinion appears below:
Demus v State – 48 hours to register
The post 4th DCA overturns conviction for failure to register appeared first on Florida Action Committee.
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Author: Florida Action Committee
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