State v. Billington

Certiorari Denied, January 7, 2009, No. 31,443 OPINION {1} Defendant Curtis Lee Billington registered twice as a sex offender and was arrested the following year when he did not register. Scant evidence, if any, was presented at trial that he had ever been apprised so as to be on notice of the registration duties of the convicted sex offender under the Sex Offender Registration and Notification Act (SORNA). NMSA 1978, §§ 29-11A-1 to -10 (1995, as amended through 2007). He appeals his conviction for failure to renew his registration annually as a sex offender contrary to Section § 29-11A-4(N). {2} On appeal, Defendant centers his arguments around the fact that he was never formally notified by an agent of the State of New Mexico concerning the requirement that he register. He asserts that at trial the State presented insufficient evidence of such notice to convict him and that the failure of the State to provide him with notice as required by statute violates his right to due process. We reverse, concluding that the State provided insufficient evidence to prove beyond a reasonable doubt that Defendant willfully failed to renew his registration.