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STATE OF MICHIGAN
COURT OF APPEALS


PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v ALGERNON STUBBS, Defendant-Appellant.

UNPUBLISHED August 7, 2007

No. 269537 Calhoun Circuit Court LC No. 2005-002670-FC

Before: Smolenski, P.J., and Fitzgerald and Kelly, JJ. PER CURIAM. Defendant appeals by delayed leave granted from a judgment of sentence requiring him to register as a sex offender under the Sex Offenders Registration Act (SORA), MCL 28.721 et seq. Because we find that the SORA is inapplicable to the offense of which defendant was convicted, we vacate the registration requirement. This appeal is being decided without oral argument pursuant to MCR 7.214(E). Defendant was charged with first-degree criminal sexual conduct (CSC), MCL 750.520b(1)(f), and assault with intent to do great bodily harm less than murder, MCL 750.84. According to the presentence report, defendant engaged in nonconsensual intercourse with the victim, his live-in girlfriend, then struck her in the nose and tried to suffocate her. Pursuant to a plea agreement, the original charges were dismissed and defendant pleaded no contest to an added charge of attempted assault with intent to do great bodily harm. The factual basis for the plea was the victim's preliminary examination testimony that defendant had struck her in the nose and then smothered her with a pillow. Because the criminal episode included an alleged sexual offense, the trial court required defendant to register under SORA. The construction and application of SORA presents a question of law that is reviewed de novo on appeal. People v Golba, 273 Mich App 603, 605; 729 NW2d 916 (2007). "SORA requires an individual who is convicted of a listed offense after October 1, 1995, to register as a sex offender. MCL 28.723(1)(a)." Id. The term "convicted" is defined in pertinent part as "[h]aving a judgment of conviction or a probation order entered in any court having jurisdiction over criminal offenses[.]" MCL 28.722(a)(i). The term "listed offense" is defined by MCL 28.722(e) and includes first-degree CSC. MCL 28.722(e)(x). Although defendant was charged with first-degree CSC, that charge was dismissed and thus he was not convicted of that offense. Defendant was convicted of attempted assault with intent to do great -1-


bodily harm less than murder. While the term "listed offense" is defined to include an attempt or conspiracy to commit an enumerated offense, MCL 28.722(e)(xiii), assault with intent to do great bodily harm is not specifically designated as an enumerated offense under

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