FROM THE CIRCUIT COURT OF THE CITY OF NORFOLK. Karen J. Burrell, Judge.
J. Barry McCracken, Assistant Public Defender (Office of the Public Defender, on brief), for appellant.
Leah A. Darron, Senior Assistant Attorney General (Mark R. Herring, Attorney General, on brief), for appellee.
Present: Chief Judge
Felton, Judges McCullough and Decker.
[64 Va.App. 17] WALTER
S. FELTON, JR., CHIEF JUDGE.
Carlton Shell (" appellant" ) was convicted by the Circuit Court of the City of Norfolk (" trial court" ) for failing to register as a sex offender or providing false information, second or subsequent offense, in violation of Code § 18.2-472.1. On appeal, he asserts that the trial court erred in denying his motion to strike the Commonwealth's evidence. Specifically, he claims the Commonwealth's evidence failed to establish that he had previously been convicted of an offense that required him to register as a sex offender. For the following reasons, we affirm appellant's conviction.
At trial, the Commonwealth presented three certified orders showing that appellant had previously pled guilty, in the Circuit Court for the City of Chesapeake, to two charges of failure to reregister as a sex offender, in violation of Code § 18.2-472. The third order showed he had been convicted of one charge of failure to reregister as a sex offender, in violation of Code § 18.2-472 in the Circuit Court for the City of Norfolk. The two Chesapeake Circuit Court orders note that the offenses occurred on April 1, 2008 and June 2, 2008. The Norfolk Circuit Court order notes that offense occurred on January 12, 2009. All three orders reflect appellant was present in court with counsel.
[64 Va.App. 18] The Chesapeake Circuit Court orders show appellant entered his guilty " [p]lea[s] voluntarily and intelligently . . . after [appellant] was apprised of his right against compulsory self-incrimination and his right to confront the witnesses against him." Specifically, the Chesapeake Circuit Court orders stated that appellant:
[D]id unlawfully in violation of Section 18.2-472.1, Code of Virginia: as a person subject to Chapter 9 [§ 9.1-900 et seq.] of Title 9.1, but who had not been convicted of a sexually violent offense or murder as defined in § 9.1-902, knowingly fail to reregister with the Sex Offender and Crimes Against Minors Registry.
The order from the Norfolk Circuit Court, entered April 23, 2009, additionally charged, " The accused previously has committed an offense under Subsection A of 18.2-472.1," reflecting the charged offense to be a second or subsequent offense, and therefore a felony. The Norfolk Circuit Court reduced appellant's charge to misdemeanor failure to register as a sex offender.
Kai Wiggins, custodian of the records for the Virginia State Police Sex Offender Crimes Against Minors Registry (" the Registry" ), testified that any person convicted of an offense designated in Code § 9.1-902 is required to register as a sex offender, and when registering, the offender signs a disclosure statement acknowledging this responsibility. Code § 9.1-902 also requires convicted sex ...