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State v. Livingston

Court of Appeals of Minnesota

July 15, 2013

State of Minnesota, Respondent,
v.
Quentin Otis Livingston, Appellant.

UNPUBLISHED OPINION

Dakota County District Court File No. 19HACR101072

Lori Swanson, Attorney General, St. Paul, Minnesota; and James C. Backstrom, Dakota County Attorney, Karen Wangler, Assistant County Attorney, Hastings, Minnesota (for respondent)

David W. Merchant, Chief Appellate Public Defender, Julie Loftus Nelson, Special Assistant Public Defenders St. Paul, Minnesota (for appellant)

Considered and decided by Connolly, Presiding Judge; Rodenberg, Judge; and Stoneburner, Judge.

STONEBURNER, Judge

Appellant challenges the sufficiency of the evidence to support his two convictions of failure to register as a predatory offender, in violation of Minn. Stat. § 243.166 (2008). We affirm.

FACTS

Appellant Quentin Otis Livingston is required to register as a predatory offender as a result of a 1993 conviction of third-degree criminal sexual conduct. Although his registration period was initially scheduled to end in 2005, his registration dates were reset and extended in 2003, after Livingston was convicted for failure to register as a predatory offender, resulting in a new end date in 2018. His registration dates were again reset in 2008, after a DWI revocation, resulting in a new end date in 2023.

Initially, Livingston registered his mother's St. Paul residence as his primary address. On March 4, 2009, Livingston moved from his mother's St. Paul residence to his girlfriend's Apple Valley residence. On the same day that he moved, Livingston met with Deputy Lupe Vasquez at the Ramsey County Law Enforcement Center to complete a change-of-information form reflecting this move to a new primary address.

On February 1, 2010, the Bureau of Criminal Apprehension (BCA) mailed an annual address-verification form to Livingston with a cover letter instructing him to "read [the form] carefully, complete, sign and return it." Because Livingston disagreed with the date on the form for the end of his registration requirement, he returned the cover letter and the form without initialing the 28 mandatory items regarding his understanding of the duty to register and without signing on the designated signature lines. Livingston added three notes in the margins of the form. On the BCA's cover letter, he wrote: "These are [sic] not my end date my end date is 2012." At the top of the form, he wrote: "[E]verything's current as you have it. Besides work." And at the top of the two-page duty-to-register section, he wrote: "I'm not signing til my end date of registration is fixed. I have no problem with signing. I believe there's a mistake!" After this final notation, Livingston wrote his name and phone number.

By letter dated February 12, 2010, the BCA acknowledged receipt of Livingston's "unsigned Verification letter" and explained the end date of Livingston's registration requirement. The letter included a new form and advised Livingston that "[n]o updates were made" based on the initial form, because it was not signed, and instructing him to return the new form, completed and signed, within ten days "in order to return to compliant status." Livingston did not return the form.

In early March 2010, Officer Valerie Holes of the Apple Valley Police Department contacted Livingston to advise him that the BCA listed his predatory-offender-registration status as noncompliant. During their interaction, Livingston acknowledged the BCA letter and told Officer Holes "that he would take care of it."

On March 21, 2010, Apple Valley police investigated a potential domestic dispute involving Livingston's girlfriend. During the investigation, Livingston's girlfriend told police that Livingston "did not reside at that residence with her." Officer Holes saw the report of this ...


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