Skip to main content

Wash. Court of Appeals published opinion — D2 45190-5-II Published Opinion.pdf

Citation
Wash. Court of Appeals published opinion — D2 45190-5-II Published Opinion.pdf
Jurisdiction
Washington (state)
Source verification
official_capture_completeness_unverified

Full Text

1,709 chars
STATE OF WASHINGTON, No. 45190 -5,

Respondent,

v.

CORY BRENT BREIDT, PUBLISHED OPINION

Appellant.

LEE, J. — The trial court found Cory Brent Breidt guilty of failure to register as a sex

offender. Breidt appeals, arguing that the failure to register statute is unconstitutionally vague as

applied to him because the statute does not adequately define " change," " residence," " residence

address," or the phrase " changes his or her residence address." We hold that the individual terms

change," " residence," and " residence address" are sufficiently defined by either prior case law or

their ordinary meaning. We further hold that the entire phrase " changes his or her residence

address" is sufficiently clear that a person of common intelligence would understand that being

evicted and moving out of a house involved a change of residence address. As a result, we hold

that Breidt has failed to meet his burden to prove the failure to register statute is unconstitutionally

vague as applied to him, and we affirm.

FACTS

On August 21, 2012, Breidt registered as a sex offender with the Cowlitz County Sheriff' s

Office and listed his residence on Southwest Second Avenue in Kelso, Washington. He did not
             

No. 45190 -5 -II

submit a change of address to the Cowlitz County Sheriff between November 1, 2012 and February

4, 2013.

On November 27, 2012, Kelso Police Detective Rich Fletcher went to that address to verify

that Breidt was residing there. Fletcher made contact with Porfitio Chavez, who identified himself

as a resident of the house. Fletcher was unable to make contact with Breidt at that residence