Idaho v. Villafuerte
Annotate this CaseIn 2013, defendant Dakota Lee Villafuerte was placed on probation for the felony crime of battery with the intent to commit lewd and lascivious conduct with a child under sixteen years of age. The conviction for that crime required that he register as a sex offender. Before being released on probation, he completed a sex offender registration form listing his intended address as his parents’ residence. As a condition of his probation, Defendant was ordered to serve seven days of discretionary jail time. He was released from jail on November 13, 2013. On November 27, the State filed a complaint charging Defendant with the crime of failing to update his sex offender registration. The supporting affidavit stated that Defendant’s probation officer stopped at the home of Defendant’s parents on November 18, 2013; that they stated that they had not seen Defendant for just over one and one-half weeks; that since Defendant was released from jail his location was unknown; and that Defendant had not updated his current address in his sex offender registration. Based upon the affidavit, the court issued a warrant for Defendant’s arrest. On May 26, 2014, Defendant was arrested in Utah. Defendant moved to dismiss on the ground that the State lacked jurisdiction over the crime charged. The district court denied the motion to dismiss. Defendant entered into a written plea agreement pursuant to which he would plead guilty to the charge, reserve the right to appeal the denial of his motion to dismiss, and have the right to withdraw his guilty plea if he prevails on appeal. The district court sentenced him to six years in the custody of the Idaho Board of Correction to run consecutively to the sentence for which he had been on probation. His probation was apparently revoked, and he was required to serve his suspended sentence. The issue on appeal was whether the district court erred in finding jurisdiction over the charge. Based on its review of the district court record, the Supreme Court found no reversible error and affirmed.
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