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State v. Dollarhyde

Court of Appeals of Washington, Division 3

July 2, 2019

STATE OF WASHINGTON, Respondent,
v.
JAMES NATHEN DOLLARHYDE, Appellant.

          LAWRENCE-BERREY, C.J.

         James Dollarhyde appeals his conviction and sentence for failing to register as a sex offender. He raises several issues. One is dispositive.

         RCW 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.

         FACTS

         In 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.

         Stay at jail

         In 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 days' confinement.

         Stay at the Larson residence

         On 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

         Dollarhyde 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).

         Dollarhyde 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.

         Dollarhyde 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 ...


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