This was a classic teed-up jury question, which the jury resolved against him. Durr maintained he did not give Detective Schlicht the 2nd Avenue address when arrested in In the following months, Durr did not submit a compliant address. We find the judge in Durr's case did essentially the same thing. Durr then moved in with his sister and registered using her address, Orange Court, Gulfport, Mississippi. Detective Steve Schlicht also testified about this arrest, recalling Durr specifically admitting 2nd Avenue was his residence. She told Durr he was prohibited from living there because it violated the 1,—feet—exclusion zone around schools. After deliberating, the jury found Durr guilty of failing to register as a sex offender, rejecting his claim he had established his residency at Joseph Avenue before July 1, He continued registering this compliant address until his probation was revoked, causing his incarceration from February until February
They testified Durr's residence was Joseph Avenue before his incarceration in The judge instructed the jury that if it found Durr's residence was grandfathered in, they must find him not guilty. In the following months, Durr did not submit a compliant address. She told Durr he was prohibited from living there because it violated the 1,—feet—exclusion zone around schools. So it was proper for the detective who interviewed Fisher to testify about Fisher's admissions during the intake process. Detective Steve Schlicht also testified about this arrest, recalling Durr specifically admitting 2nd Avenue was his residence. Thus, the jury rejected his residency-exception defense and found him guilty of failing to register as a sex offender. Both Durr and his mother disagreed. Durr's sex-crime conviction requires him to register as a sex offender. On August 18, , Durr was convicted of aggravated assault and touching a child for lustful purposes. He excluded the actual report but allowed Detective Schlicht to testify about the address Durr gave him—testimony merely relaying Durr's admission to Detective Schlicht. See Day, So. The State amended the indictment to reflect Durr's habitual-offender status under section 99—19— For felony failure to register, the State had to prove 1 Durr was a resident of Harrison County, 2 he had been previously convicted of a sex offense requiring registration, and 3 he willfully, wantonly, and feloniously resided within 1, feet of Gaston Point Elementary School. We find the judge in Durr's case did essentially the same thing. Section 45—33—25 4 b iii lists an exception to the 1,—feet—exclusion zone if the offender established residence at a noncompliant address before July 1, When recently released from prison after his probation was revoked, he registered claiming he was living with his mother. This was a classic teed-up jury question, which the jury resolved against him. And before trial, Durr stipulated he had been convicted in of touching a child for lustful purposes. So he was arrested and later indicted for failure to register as a sex offender. But the jury did not believe him. When assessing the legal sufficiency of the evidence, we consider all evidence in the light most favorable to the State. On March 26, , five days after his release from prison, Durr met with Jessica Akers, the sex-offender registrar for the Harrison County Sheriff's Department. This address is his mother's home. The reports were not deemed business records under Rule 6 because the defendant who gave the information was not acting in the regular course of police business.
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