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State v. Thompson

Summarized by: 

Date Filed: 08-08-2012
Case #: A143564
Sercombe, J. for the Court; Ortega, P.J.; and Brewer, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/Publications/A143564.pdf

Criminal Law: Because venue is a material allegation that the State must prove beyond a reasonable doubt, a defendant can not be convicted of failure to register as a sex offender under ORS 131.325 if there is no direct evidence to prove defendant's location after the ten-day time period expired.

The Defendant appealed his conviction for failure to register as a sex offender. He argued that the State failed to prove venue, therefore the conviction should be reversed. The Defendant was being treated at the DePaul Treatment Center in Multnomah County, and left the treatment facility on March 31, 2012. The Defendant was subsequently unaccountable for twenty-one days, and was arrested and detained in Multnomah County. The record did not reflect where the defendant was for the three-week time period, nor does it show which law enforcement agency arrested him, or where he was arrested. The State argued that it can be inferred that the Defendant remained in Multnomah County, and thus failed to register as a sex offender after the ten-day limitation, as mandated by ORS 131.325. The Court held that "venue is a material allegation that the State must prove beyond a reasonable doubt." The State presented no direct evidence as to where the Defendant was located at the expiration of the ten-day period nor did the state further an alternative venue argument. Therefore, the State did not establish venue. Reversed.