of Appellate Courts Court of Appeals
Swanson, Minnesota Attorney General, Saint Paul, Minnesota;
and John J. Choi, Ramsey County Attorney, Peter R. Marker,
Assistant Ramsey County Attorney, Saint Paul, Minnesota, for
Cathryn Middlebrook, Chief Appellate Public Defender, Chang
Y. Lau, Assistant State Public Defender, Saint Paul,
Minnesota, for appellant.
Because violating the predatory-offender-registration
statute, Minn. Stat. § 243.166 (2016), is a continuing
offense, the date of that offense under Minnesota Sentencing
Guidelines 2.B.l(c) is the entire date range during which the
offender fails to register. Where 15 years had not elapsed
between the start of the date range for appellant's
continuing offense and the expiration of his sentence for a
prior felony conviction, the district court did not err in
including the prior felony in the calculation of
appellant's criminal history score.
Because appellant waived his right to a jury trial on guilt,
and the district court established the date of
appellant's offense as part of that determination,
Blakely v. Washington, 542 U.S. 296 (2004), does not
require that a jury also decide the date of appellant's
GILDEA, Chief Justice.
case involves the calculation of appellant W.C.
Washington's criminal history score. Under the Minnesota
Sentencing Guidelines, prior felony sentences are used to
calculate criminal history scores unless a period of 15 years
has elapsed between "the date of the current
offense" and the expiration of the prior felony
sentence. Minn. Sent. Guidelines 2.B.l(c). Washington argues
that "the date of the current offense" for the
crime of failure to register as a predatory offender under
Minn. Stat. § 243.166 (2016) is the last day the offense
occurs. He also argues that a jury, not the district court,
has to decide "the date of current offense." The
court of appeals concluded that "the date of the current
offense, " which it determined to be a continuing
offense, is the first day the offense occurs. Because we
conclude that failing to register is a continuing crime that
includes the entire range of dates on which Washington failed
to register and that a jury was not required to find the date
of Washington's current offense, we affirm.
State charged Washington with failing to register as required
in Minn. Stat. § 243.166, subd. 5(a). Specifically, the
State charged that "[o]n or about the 9th day of June,
2013 to the 4th day of August, 2015, " Washington was
required to but did not "register as a predatory
offender." Under the predatory-offender-registration
statute, at least 5 days before starting to live at a new
primary address, a person required to register must
"give written notice of the new primary address to the
assigned corrections agent or to the law enforcement
authority with which the person currently is
registered." Id., subd. 3(b). It is a felony to
knowingly violate the provisions of the registration statute.
Id., subd. 5(a).
June 9, 2013, Washington reported to law enforcement that he
was living at a residence on Larpenteur Avenue in Saint Paul.
But on October 27, 2014, Washington was marked non-compliant
because he failed to return an annual verification letter the
Minnesota Bureau of Criminal Apprehension sent to the
registered address on Larpenteur Avenue. Under Minn. Stat.
§ 243.166, subd. 4(e)(1), Washington was required to
sign and return the verification. Washington was familiar
with this requirement, having returned two such verification
forms between June 9, 2013, and October 27, 2014.
of 2015, after becoming aware of Washington's failure to
return multiple verification letters, Saint Paul Police
officer Lynette Cherry attempted to contact Washington to
investigate his registration status. On May 8, 2015, Officer
Cherry spoke with the resident of the Larpenteur Avenue
residence, who informed her that Washington had never lived
with him, although Washington had stayed with him a few
times. On May 14, 2015, when Officer Cherry was finally able
to contact Washington, he told her that he was currently
residing on Douglas Street in Saint Paul. He also informed
her that he had previously resided on Winifred Street in
Saint Paul, but that he did not register either of these two
addresses because he had not received the verification forms.
State of Minnesota subsequently charged Washington with one
count of knowingly failing to comply with the registration
requirements, in violation of Minn. Stat. § 243.166,
subd. 5(a). The complaint alleged that between June 9, 2013
and August 4, 2015, Washington was subject to, but failed to
follow, the statute's registration requirements.
Washington waived his right to a trial by jury and the matter
proceeded to trial before the court.
district court found that Washington was required to register
as a predatory offender, and that he knew of the requirement.
The court also found that Washington knew that he was
required to update his primary address as part of his
registration, but that he failed to do so. Accordingly, the
court concluded that Washington was guilty of one count of
knowingly failing to register as a predatory offender, an
offense the court found ...