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Minnesota v Joey Wayne Nelson

3-12-2012 Minnesota:

Minnesota v Joey Wayne Nelson

The evidence is insufficient to sustain appellant’s conviction of failing to register as a predatory offender pursuant to Minn. Stat. § 243.166, subd. 3(b) (2008), because the state failed to prove beyond a reasonable doubt that appellant no longer was living at his registered primary address or that he had begun living at a new primary address.

A Pine County jury found Joey Wayne Nelson guilty of failing to register as a predatory offender, as required by Minn. Stat. § 243.166, subd. 3(b) (2008). The state presented evidence that, on one particular day, Nelson had not shoveled new-fallen snow at his registered primary address in Pine County and was present in another state. We conclude that the state’s evidence is insufficient to prove beyond a reasonable doubt that Nelson no longer was living at his registered primary address or that he had established a new primary address. Therefore, we reverse.

CONCLUSION:
The state’s evidence is insufficient to prove that Nelson violated section 243.166, subdivision 3(b). Thus, the evidence is insufficient to sustain Nelson’s conviction of failing to register as a predatory offender. Accordingly, Nelson’s conviction must be reversed.

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