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Hawkins v. State

The trial court erred in denying the defendant's second petition for removal from sex offender registration requirements pursuant to O.C.G.A. § 42-1-19 subsection b 3, as the defendant's first petition for relief was not denied on the merits.

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Following the grant of his discretionary application, William Hawkins appeals from the trial court’s order denying his petition for removal from sex offender registration requirements. For the reasons set forth below, we vacate the trial court’s order and remand the case.

The record shows that in September 1991, when Hawkins was 16 years old, he entered a nolo contendere plea to attempted sexual battery in Florida and was sentenced to two years of “community control” followed by ten years of probation. In October 2013, Hawkins filed a petition for removal from sex offender registration requirements. The trial court dismissed the petition for failure to file a civil initiation form pursuant to OCGA § 9-11-13 b,1 and on December 31, 2013, it denied Hawkins’s subsequent motion to set aside the dismissal order.2

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