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Moore v. State

Court of Appeals of Indiana

November 6, 2015

Timothy W. Moore, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff

          Appeal from the Hamilton Superior Court. The Honorable J. Richard Campbell, Judge. Trial Court Cause No. 29D04-1403-FD-219.

         ATTORNEY FOR APPELLANT: Jill M. Acklin, McGrath, LLC, Carmel, Indiana.

         ATTORNEYS FOR APPELLEE: Gregory F. Zoeller, Attorney General of Indiana, Christina D. Pace, Deputy Attorney General, Indianapolis, Indiana.

          OPINION

Page 833

          Najam, Judge.

         Statement of the Case

         [¶1] Timothy W. Moore appeals his conviction for failure to register as a sex offender, as a Class D felony, following a jury trial. Moore presents a single issue for our review, namely, whether the State presented sufficient evidence to support his conviction. We affirm.

         Facts and Procedural History

         [¶2] Following his conviction for child molesting in 2007, Moore registered as a sex offender with the Hamilton County Sheriff's Department. As a registrant, Moore was required to check in with the Sheriff's Department annually, and he was subject to random home visits by law enforcement. Moore was also required to notify the Sheriff's Department of any address changes. When he moved to another residence within Hamilton County in 2010, Moore notified the Sheriff's Department of the move. However, after Moore was evicted from that residence, Moore moved to Kentucky in March 2014 without notifying the Sheriff's Department.

         [¶3] On March 12, 2014, Hamilton County Sheriff's Detective Kija Ireland, who had performed random home visits at Moore's residence, observed that Moore's mobile home was gone from the property where he had lived. Detective Ireland discovered that Moore had moved to Kentucky without notifying the Sheriff's Department.[1] Accordingly, the State charged Moore with failure to register as a sex offender, as a Class D felony. A jury found him guilty as charged. The trial court entered judgment and sentence accordingly. This appeal ensued.

         Discussion and Decision

         [¶4] Moore contends that the State presented insufficient evidence to support his conviction. Our standard of review for sufficiency of the evidence claims is well-settled. Tobar v. State, 740 N.E.2d 109, 111 (Ind. 2000).

In reviewing the sufficiency of the evidence, we examine only the probative evidence and reasonable inferences that support the verdict. We do not assess witness credibility, nor do we reweigh the evidence to determine if it was sufficient to support a conviction. Under our appellate system, those roles are reserved for the finder of fact. Instead, we consider only the ...

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