State v Binnarr

5-9-2012 South Carolina:

State v Binnarr

Zeb Eron Binnarr ("Petitioner") was convicted by a jury for failing to timely register as a sex offender pursuant to section 23-3-4601 of the South Carolina Code. Petitioner appealed his conviction primarily on the ground that he did not receive actual notice of a change in the law regarding sex offender registration requirements. The Court of Appeals affirmed Petitioner's conviction. State v. Binnarr, Op. No. 2010-UP-077 (S.C. Ct. App. filed Feb. 2, 2010). This Court granted Petitioner's request for a writ of certiorari to review the decision of the Court of Appeals. We reverse.

Conclusion:
In view of our decision in Latimore, we hold the Court of Appeals erred in declining to find that actual notice of the re-registration requirement found in section 23-3-460 was necessary to sustain a conviction under section 23-3-470. Because the State failed to provide any direct or substantial circumstantial evidence from which a jury could determine that Petitioner had actual notice of the change in the law, we find the trial judge erred in failing to direct a verdict of acquittal. Accordingly, we reverse Petitioner's conviction.

News Article: South Carolina Supreme Court Reverses Sex Offender Registry Violation