Court of Appeals Division II
State of Washington

Opinion Information Sheet

			

    IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

                                       DIVISION  II

STATE OF WASHINGTON,                                             No.  41800-2-II

                             Respondent,

       v.

CORY DEAN ANDREWS,                                         UNPUBLISHED OPINION

                             Appellant.

       Hunt, J.  --  Cory Dean Andrews appeals his bench trial conviction for failing to register as 

a sex offender.  He argues that the State failed to present sufficient evidence that he had not 

registered after changing addresses.  We affirm.

                                            FACTS

       Andrews is required to register as a sex offender.  On June 11, 2009, he registered his 

address as 1423 Violet Meadows Street South in Tacoma. He did not register a different address 

for the period from December 3 to December 15, 2009.

       On December 14, 2009, probation officer Marc Fernandes went to the Violet Meadows 

group home to check on Andrews but was unable to locate him. Fernandes spoke with the group 

home's manager, Phillip Holladay, who explained that (1) he had evicted Andrews from the group 

home on December 3 for non-payment of rent, (2) Andrews had not been staying at the group 

home for some time, and (3) he (Holladay) had no way to contact Andrews about the belongings  

No. 41800-2-II

he had left at the group home and had called Andrews' brother to retrieve Andrews' belongings.

       The next day, December 15, Andrews came to Fernandes' office and reported that he was 

still living at the group home.   But  when Fernandes confronted Andrews with this untruth, 

Andrews responded that he had been staying with his girlfriend.

       The State charged Andrews with having failed to register his residence address between 

December 3, 2009, and December 15, 2009.  Andrews waived his right to a jury trial.  Holladay

and Fernandes testified as described above.  Holladay also testified that he had been at the group 

home continuously between December 3 and 15 and that Andrews had not been at the group 

home during that period.

       Andrews' brother, Mike Andrews, also testified.  Mike1 first testified that he had retrieved

Andrews' belongings  in late December.   Mike  later testified that he had retrieved Andrews'

belongings sometime between early to mid December.

       Andrews testified that (1)  between December 3 and 15, he had been staying at his 

girlfriend's home two to four nights a week; (2) he was avoiding Holladay because of the unpaid 

rent; (3) he considered the group home to be his residence because he spent some nights there and 

because his belongings were there; and (4) he had four previous convictions for failure to register 

as a sex offender.

       The trial court found Andrews guilty and entered the following pertinent findings of fact:

1 We use Mike's first name for clarity.  We intend no disrespect.

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No. 41800-2-II

                                            XXVI.
              That Phillip Holladay was the group home manager of 1423 Violet 
       Meadows, in Tacoma, Washington during the period of December 3, 2009 through 
       December 15, 2009.  That defendant had become late on his rental payments, and 
       had been evicted from 1423 Violet Meadows, in Tacoma, Washington for failure 
       to pay rent.

                                            XXVII.
              That defendant had moved out of 1423 Violet Meadows, in Tacoma, 
       Washington on December 3, 2009.  That Mr. Holladay subsequently contacted 
       defendant's brother, Mike Andrews, and reported that he come [sic] to the house 
       to remove defendant's property.
              . . . .
                                            XXIX.
              That Phillip Holladay testified at trial.  That Mr. Holladay was a credible 
       witness.
               . . . .
                                            XXXI.
              That Mike Andrews testified at trial.  That Mike Andrews exhibited bias as 
       a witness.
              . . . . 

                                            XXXIII.
              That defendant testified at trial.  That defendant was not a credible witness.

Clerk's Papers (CP) at 11-12. Andrews appeals.2

                                          ANALYSIS

       Andrews argues that the trial court erred when it found Andrews guilty of failure to 

register as a sex offender and when it entered Findings of Fact XXVI and XXVII.  Andrews 

argues that the State failed to present sufficient evidence that he had knowingly changed his 

residence from the group home on December 3, 2009, and had failed to register a new address.  

He contends that although he stayed with his girlfriend some nights, he stayed at the group home 

2 A commissioner of our court initially considered Andrews' appeal as a motion on the merits 
under RAP 18.14 and then transferred it to a panel of judges.

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No. 41800-2-II

other nights and he still considered the registered group home to be his residence.  This argument 

fails.

       "The test for determining the sufficiency of the evidence is whether, after viewing the 

evidence in the light most favorable to the State, any rational trier of fact could have found guilt 

beyond a reasonable doubt."  State v. Salinas, 119 Wn.2d 192, 201, 829 P.2d 1068 (1992).  A 

claim of insufficiency admits the truth of the State's evidence and all inferences that can be 

reasonably drawn from that evidence.   Salinas, 119 Wn.2d at 201.    The reviewing court "must 

defer to the trier of fact on issues of conflicting testimony, credibility of witnesses, and the 

persuasiveness of the evidence."  State v. Thomas, 150 Wn.2d 821, 874-75, 83 P.3d 970 (2004) 

(citing State v. Cord, 103 Wn.2d 361, 367, 693 P.2d 81 (1985)).

       Taken in the light most favorable to it, the State's evidence was sufficient for any rational 

trier of fact to have found Andrews guilty beyond a reasonable doubt:  On December 3, 2009, 

Holladay had evicted Andrews from the group home for non-payment of rent; Holladay had not 

seen  Andrews at the group home from December 3 to 15, 2009; Holladay had contacted 

Andrews' brother to retrieve his personal belongings; Andrews admitted that he had been staying 

with his girlfriend several nights per week; and Andrews had not registered a new address for the 

period from December 3 to 15, 2009.3  We hold, therefore, that the State presented sufficient 

evidence that Andrews had knowingly changed his residence address but had not registered a new 

address within three days of moving, in violation of former RCW 9A.44.130(5)(a) and 

3 The trial court did not find credible Andrews' testimony that he still considered the group home 
his residence between December 3 and 15, 2009.

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No. 41800-2-II

(11)(a) (2009).

       We affirm.

       A majority of the panel having determined that this opinion will not be printed in the 

Washington Appellate Reports, but will be filed for public record in accordance with RCW 2.06.040, it 

is so ordered.

                                                 Hunt, J.
We concur:

Armstrong, P.J.

Johanson, J.

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