McGranahan v Commonwealth

4-5-2013 Kentucky:

McGranahan v Commonwealth

George McGranahan appeals from a judgment and conviction for failure to comply with sex offender registration requirements, second offense, for which he was sentenced to seven and one-half years’ imprisonment. After careful review, we reverse and remand.

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The testimony by Sgt. Mullins in this case was that originally McGranahan was a ten-year registrant but that “something happened” between 2004 and 2005 to change his status to that of a lifetime registrant. Simply put, we cannot identify any evidence in the record to support this testimony, and absent the testimony, there is nothing that would indicate that in March 2011, McGranahan had any obligation to register as a sexual offender. The record does not indicate that at the time of the original enactment of SORA, McGranahan was even required to register at all. Thus, it was unreasonable for a jury to find guilt, and it was palpable error for the trial court not to enter a directed verdict in McGranahan’s favor.

For the foregoing reasons, the judgment and conviction of the Boyd Circuit Court is reversed, and this matter is remanded for dismissal of the indictment. ALL CONCUR.