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Roberts v. State

Court of Appeals of Mississippi

May 28, 2019

DUANE E. ROBERTS A/K/A DUANE ROBERTS APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 01/12/2018

          RANKIN COUNTY CIRCUIT COURT, HON. WILLIAM E. CHAPMAN III TRIAL JUDGE

          ATTORNEYS FOR APPELLANT: JOE S. DEATON III MATTHEW E. RUTHERFORD

          ATTORNEYS FOR APPELLEE: LORA E. HUNTER ANTHONY L. SCHMIDT JR.

          BEFORE CARLTON, P.J., LAWRENCE AND C. WILSON, JJ.

          C. WILSON, J.

         ¶1. 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.

         FACTS

         ¶2. 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.

         ¶3. 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.

         ¶4. 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.

         STANDARD OF REVIEW

         ¶5. "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 (ΒΆ7) (Miss. 2010)). Appellate courts also review the ...


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