from the Iowa District Court for Black Hawk County, Andrea J.
Thomas appeals his conviction for failing to comply with the
sex offender registry requirements.
A. Simmons, Bettendorf, for appellant.
J. Miller, Attorney General, and Zachary Miller, Assistant
Attorney General, for appellee.
Considered by Tabor, P.J., and Mullins and May, JJ.
Thomas contends insufficient evidence supports his conviction
for failing to comply with Iowa's sex offender registry
requirements. See Iowa Code chapter 692A (2014). We
Code section 692A.104(2) requires a sex offender to appear in
person to notify the sheriff "within five business days
of changing a residence." Failure to comply is "an
aggravated misdemeanor for a first offense."
See Iowa Code § 692A.111(1).
a bench trial, the district court found Thomas violated this
requirement by "fail[ing] to appear in person to notify
the Black Hawk County Sheriff that his residence was no
longer [a house on Street B in Waterloo, Iowa." Thomas
does not dispute he is a "sex offender" and,
therefore, subject to the requirements of section 692A.104.
Instead, Thomas argues there is insufficient evidence he
actually "chang[ed] a residence" by moving away
from the Street B residence. See Iowa Code §
692A.104(2). Therefore, Thomas suggests, he had no obligation
to notify the sheriff.
review sufficiency-of-the-evidence challenges for corrections
of errors at law." State v. Coleman, 907 N.W.2d
124, 134 (Iowa 2018) (citation omitted). We will affirm if
substantial evidence supports the charge. See State v.
Thomas, 847 N.W.2d 438, 442 (Iowa 2014). "Evidence
is substantial if it would convince a rational fact finder
that the defendant is guilty beyond a reasonable doubt."
State v. Biddle, 652 N.W.2d 191, 197 (Iowa
2002). "We review the evidence in the light most
favorable to the State, including legitimate inferences and
presumptions that may fairly and reasonably be deduced from
the record evidence." Id.
record shows Thomas was paroled in November 2013. Initially,
Thomas lived on Street A in Waterloo. In February or March
2014, Thomas moved to the Street B residence. He properly
registered the Street B residence with the Black Hawk County
2014, Thomas told Shawn Chestnut, his parole officer, that he
intended to move to a new residence on Street C in Waterloo.
On May 6 or 7, Thomas told Chestnut he was "moving
today" to Street C. Chestnut authorized the move and
updated Thomas's address in the department of corrections
noted, though, Thomas did not appear at the sheriff's
office and give notice of his change of residence. Thomas
also stopped complying with his parole requirements. He no
longer attended weekly group meetings. His GPS tracker was
turned off or lost its charge. Chestnut called and searched
for Thomas ...