DUANE E. ROBERTS A/K/A DUANE ROBERTS APPELLANT
STATE OF MISSISSIPPI APPELLEE
OF JUDGMENT: 01/12/2018
COUNTY CIRCUIT COURT, HON. WILLIAM E. CHAPMAN III TRIAL JUDGE
ATTORNEYS FOR APPELLANT: JOE S. DEATON III MATTHEW E.
ATTORNEYS FOR APPELLEE: LORA E. HUNTER ANTHONY L. SCHMIDT JR.
CARLTON, P.J., LAWRENCE AND C. WILSON, JJ.
Duane Roberts appeals the Rankin County Circuit Court's
denial of his petition for relief from the duty to register
as a sex offender. Finding no error, we affirm.
In 1985, a circuit court jury convicted Roberts of sexual
battery of a child under twelve years old pursuant to
Mississippi Code Annotated section 97-3-95 (Supp. 1984).
Roberts was sentenced to serve twelve years in the custody of
the Mississippi Department of Corrections. Roberts filed a
direct appeal, and the Mississippi Supreme Court affirmed
Roberts's conviction. Roberts v. State, 502
So.2d 625 (Miss. 1987). In January 1987, Roberts began
serving his twelve-year sentence. After serving approximately
five and a half years, Roberts was released for good behavior
in June 1992.
In March 2006, as a result of new legislation, the State
notified Roberts that he had to register as a sex offender
for his 1985 sexual battery conviction. Since that time,
Roberts has maintained his registration as a sex offender
with the Mississippi Department of Public Safety.
In July 2017, Roberts filed a petition for relief from the
duty to register as a sex offender. Following a hearing, the
circuit court denied Roberts's petition for relief.
Roberts timely filed a notice of appeal.
"An appellate court reviews questions of law under
'a de novo standard of review and will only reverse for
an erroneous interpretation or application of law.'"
Williams v. State, 161 So.3d 1124, 1126 (¶7)
(Miss. Ct. App. 2015) (quoting Rice v. Merkich, 34
So.3d 555, 557 (¶7) (Miss. 2010)). Appellate courts also
review the ...