Smith's Criminal Case Compendium
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State v. Pierce, 238 N.C. App. 141 (Dec. 16, 2014)
In a failing to register case there was sufficient evidence that the defendant changed his address from Burke to Wilkes County. Among other things, a witness testified that the defendant was at his ex-wife Joann’s home in Wilkes County all week, including the evenings. The court concluded: “the State presented substantial evidence that, although defendant may still have had his permanent, established home in Burke County, he had, at a minimum, a temporary home address in Wilkes County.” (quotation omitted). It explained:
[T]he evidence . . . showed that defendant still received mail, maintained a presence, and engaged in some “core necessities of daily living,” at his home in Burke County. However, the evidence also would allow a jury to reasonably conclude that he temporarily resided at Joann’s in Wilkes County. Specifically, [witnesses] testified that defendant was often at Joann’s all week. Furthermore, [a witness] testified that defendant engaged in activities that only someone living at Joann’s would do. Thus . . . the evidence supported a reasonable conclusion that not only did defendant maintain a permanent domicile in Burke County, but he also had a temporary residence or place of abode at Joann’s in Wilkes County. Although defendant may have considered the house in Burke County his “home,” . . . his subjective belief and even the fact that he was “in and out” of the Burke County house does not prevent him from having a second, temporary residence. (citations omitted).