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Man can be charged for failing to register in 2 counties

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The Indiana Court of Appeals has ordered a trial on a charge of failing to register as a sex offender in Vanderburgh County, ruling that a man can be charged in that county even though he pleaded guilty to failing to register in a different county based on the same move.

Willie Montgomery was convicted of sexual battery and is required to register as a sex offender. When Indiana State Police went to his Pike County home to ensure his registered address was correct, police learned from his parents that Montgomery moved to Vanderburgh County to live with his girlfriend.

Police confirmed he moved to Vanderburgh County and did not update his address with either county as is required by statute. Within two days, he was charged with failing to register in both counties; Montgomery pleaded guilty in Pike County. He then filed a motion to dismiss the charge in Vanderburgh County, alleging it is barred based on his plea agreement and double jeopardy principles.

This issue came before the Court of Appeals on interlocutory appeal in Willie L. Montgomery v. State of Indiana, 82A05-1401-CR-34.

“Montgomery argues that there is a single duty for a sex offender to register with the appropriate law enforcement officials when moving and asserts that he can be guilty of only one offense. However, Montgomery’s interpretation does not comport with our reading of Indiana Code section 11-8-8-17(a),” Judge John Baker wrote. “There are two duties here, one for a sex offender to reside at his registered address in Pike County and one to register as a sex offender in Vanderburgh County. Montgomery is guilty of two divisible offenses. Therefore, he could fulfill or omit one duty without fulfilling or omitting the other. As such, we cannot find that Montgomery was charged twice with the same offense for the same act. Rather, we conclude that he was properly charged twice for two separate offenses.”

The judges also found that Montgomery’s charge in Vanderburgh County does not violate double jeopardy principles. He was charged with two counts of failing to register under I.C. 11-8-8-17(a), and different evidence would be required to prove each charge because the charges were the result of two divisible omissions. 

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  1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  2. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

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  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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