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Montgomery v. State

Court of Appeals of Indiana

July 23, 2014

WILLIE L. MONTGOMERY, Appellant-Defendant,
v.
STATE OF INDIANA, Appellee-Plaintiff

INTERLOCUTORY APPEAL FROM THE VANDERBURGH CIRCUIT COURT. The Honorable Carl A. Heldt, Senior Judge. The Honorable Kelli Fink, Magistrate. Cause No. 82C01-1207-FD-916.

ATTORNEY FOR APPELLANT: JOHN ANDREW GOODRIDGE, Evansville, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana; CHANDRA K. HEIN, Deputy Attorney General, Indianapolis, Indiana.

BAKER, Judge. BARNES, J., and CRONE, J., concur.

OPINION

Page 77

OPINION--FOR PUBLICATION

BAKER, Judge

In this interlocutory appeal, appellant-defendant Willie Montgomery challenges the trial court's denial of his motion to dismiss the charge of Failure to Register as a Sex or Violent Offender[1] in Vanderburgh County. Montgomery argues that the trial court erred in dismissing his motion because he had already been prosecuted for failing to register as a sex offender in Pike County. More particularly, Montgomery contends that prosecuting him for failing to register in both counties is barred under Indiana Code section 35-34-1-4(a)(7) and violates double jeopardy principles. We find that the charge in question is not barred under Indiana Code section 35-34-1-4(a)(7) and does not violate double jeopardy principles. We remand to the trial court for trial.

FACTS

On November 5, 2010, Montgomery was convicted of sexual battery. As a result of this conviction, Montgomery was required to register as a sex offender. On November 8, 2011, he registered as a sex offender with the Pike County Sheriff's Office.

On July 6, 2012, Indiana State Police Sergeant Detectives Marty Metzger and Tim Keller drove to Montgomery's registered address to ensure compliance. However, when they arrived, Montgomery's parents informed the officers that Montgomery had moved out of the home. They told the officers that Montgomery had moved in with his girlfriend, Gabrielle Evans, who lived in Vanderburgh County.

The officers then went to Evans's residence, where they verified that Montgomery

Page 78

was living with Evans. Montgomery admitted that he had failed to register as a sex offender in Vanderburgh County and that he had not changed his principal address in Pike County.

On July 18, 2012, Montgomery was charged with failure to register in Pike County. The following day, July 19, 2012, Montgomery was charged with failure to register in Vanderburgh County. Montgomery pleaded guilty to failing to register in Pike County on October 3, 2012. On March 6, 2013, he filed a motion to dismiss the charge of failing to register in Vanderburgh County, arguing that the prosecution in Vanderburgh County was barred by a previous prosecution pursuant to Indiana Code 35-34-1-4(a)(7) and the ...


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