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Finnicum v. State

Miller v. State, 291 Ga. App. 478 2008 adversely decided the defendant's contention that O.C.G.A. § 42-1-12's registry requirements violate the state and federal constitutional prohibitions against ex post facto laws.

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Christopher Finnicum appeals from a trial court’s order denying his request to remove him from the sex offender registry, or in the alternative to be resentenced as a first offender, arguing that the statute requiring such registration, OCGA § 42-1-12, should not apply to him and is unconstitutional. We affirm. Finnicum was indicted for one count each of child molestation and kidnaping. On January 11, 1995, Finnicum pled guilty but mentally ill to kidnaping a child under the age of fourteen, and the state nolle prossed the child molestation charge. On that same date, the trial court sentenced him to 20 years, with 10 to be served in confinement and the balance on probation.1 Finnicum was paroled on December 20, 2004. As a special condition of his parole, Finnicum was required to comply with the sex offender notification law. On October 5, 2007, Finnicum moved the trial court to modify his probation, alleging that he should be released from the registration requirements of OCGA § 42-1-12 a 9 A i and/or resentenced as a first offender. The trial court denied the motion.

1. Finnicum first contends that the registration requirements of OCGA § 42-1-12 violate the state and federal constitutional prohibitions against ex post facto laws. This issue has been decided adversely to Finnicum.2

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