Dollarhyde appeals his conviction and sentence for failing to
register as a sex offender. He raises several issues. One is
9A.44.l3O(6)(b) requires sex offender registrants without a
fixed address to report weekly to the county sheriff, to keep
an accurate accounting of where they stayed that week, and to
provide the accounting to the county sheriff upon
request. To convict a transient for violating this
requirement, a strict reading of the statute requires the
State to prove that the sheriff's office made a clear and
specific request for this accounting for the week in
question. Here, the State failed to present this evidence.
We, therefore, reverse Dollarhyde's conviction.
2013, Dollarhyde was convicted as a juvenile for first degree
child molestation. As a result, Dollarhyde is subject to the
registration requirements of RCW 9A.44.130.
January 2018, Dollarhyde was under supervision by the
Department of Corrections (DOC). On January 2, Dollarhyde
underwent a urinalysis pursuant to his community custody
conditions and tested positive for tetrahydrocannabinol
(THC), the principal active constituent of cannabis. This
violated the terms of Dollarhyde's community custody. The
DOC detained Dollarhyde and imposed a sanction of two
at the Larson residence
January 7, Julie Larson moved to an apartment at 102 East
21st Street in the city of Goldendale. Julie's daughter,
Melissa Larson, knew Dollarhyde through mutual friends, and
Dollarhyde assisted the family with moving into the
apartment. Dollarhyde slept on the floor of the apartment one
to four nights that week.
Registering with the sheriff's office
had not had a fixed place of residence since sometime in
2015. As a transient, he was required to report weekly to the
sheriffs office. SeeRCW9A.44.l3O(6)(b).
completed weekly forms for January 2018. The forms requested
information, including Dollarhyde's last registered
address and new address. On the forms dated January 2, 2018,
January 8, 2018, January 16, 2018, and January 22, 2018,
Dollarhyde wrote "hornless." Exs. 5-8. On the blank
backside of the forms, Dollarhyde wrote: 315 West Allyn, ABC
Bridge, and Singing Bridge. On the January 16 and January 22
forms, he indicated the number of nights he stayed in each
location that week.
failed to indicate on the January 8, 2018 form that he had
stayed two nights at the jail that week. He also failed to
indicate on the January 16, 2018 form that he had stayed at
Ms. Larson's apartment that week. For these reasons, the
State charged Dollarhyde with failure to ...