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Williams v. State

Court of Appeals of Mississippi

June 9, 2015

DONALD WILLIAMS, JR. A/K/A DONALD WILLIAMS, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

Page 253

COURT FROM WHICH APPEALED: PEARL RIVER COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 11/08/2013. TRIAL JUDGE: HON. ANTHONY ALAN MOZINGO. TRIAL COURT DISPOSITION: CONVICTED OF FAILURE TO REGISTER AS A SEX OFFENDER AND SENTENCED AS A HABITUAL OFFENDER TO LIFE IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WITHOUT THE POSSIBILITY OF PAROLE OR PROBATION.

FOR APPELLANT: DONALD WILLIAMS JR. (Pro se).

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: LISA L. BLOUNT.

BEFORE LEE, C.J., ROBERTS, AND CARLTON, JJ. LEE, C.J., IRVING AND GRIFFIS, P.JJ., BARNES, ISHEE, ROBERTS, MAXWELL AND FAIR, JJ., CONCUR. JAMES, J., CONCURS IN PART WITHOUT SEPARATE WRITTEN OPINION.

OPINION

Page 254

NATURE OF THE CASE: CRIMINAL - FELONY

CARLTON, J.

[¶1] A Pearl River County jury convicted Donald Williams Jr. on October 17, 2013, of failing to register as a sex offender in violation of Mississippi Code Annotated section 45-33-33(1)(a) (Supp. 2014). The trial court then sentenced Williams as a habitual offender to life pursuant to Mississippi Code Annotated section 99-19-83 (Supp. 2014). Aggrieved, Williams appeals, claiming that he was subjected to double jeopardy. Finding no error, we affirm Williams's conviction and sentence.

FACTS

[¶2] In March 1995, a Minnesota trial court convicted Williams of criminal sexual conduct, third degree. Mississippi law requires sex offenders moving to Mississippi from out of state to report to their local sheriff's department first to register, then to take that paperwork to the Department of Public Safety (DPS) driver's license station to continue to register. See Miss. Code Ann. § 45-33-33. Mississippi law also states that " [u]pon any change of address, including temporary lodging, an offender required to register under this chapter is required to personally appear at a Department of Public Safety [d]river's [l]icense [s]tation not less than ten (10) days before he intends to first reside at the new address." Miss. Code Ann. § 45-33-29(1) (Rev. 2011). Upon moving to Mississippi, Williams registered as a sex offender with the Forrest County Sheriff's Department on March 15, 2011. Williams identified his address as Motel 6, 6508 Highway 49 #105, Hattiesburg, Mississippi.

[¶3] Then on July 2, 2012, Williams re-registered with DPS and gave his residence address as America's Best Value Inn and Suites, 999 Cooper Road, Picayune, Mississippi, located in Pearl River County. However, the facts show that Williams was living in Clinton, Mississippi, at the Clinton Inn Motel. The facts further show that Williams failed to comply with the sex-offender re-registration procedure required by section 45-33-29 when changing addresses from 999 Cooper Road in Picayune.

[¶4] On September 28, 2012, the Clinton Police Department contacted the Pearl River County Sheriff's Department about Williams, explaining that they discovered Williams was staying in the Clinton area, but was registered with the DPS Sex Offender Registry as living in Pearl River County. Investigator Christopher Robbins went to America's Best Value Inn and Suites, 999 Cooper Road, Picayune, to verify Williams lived there. The front desk clerk verified that Williams had resided there from July 2, 2012, through July 27, 2012, and provided an invoice of his stay and his paid balance. According to Investigator Robbins, Williams never contacted the Pearl River County Sheriff's Department or the DPS driver's license station with a change of address from 999 Cooper Road.[1] Investigator Robbins then charged Williams with failure to ...


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