Jackson v. State

The defendant was not required to register as a sex offender under O.C.G.A. § 42-1-12, since he was sentenced for his underlying crimes under the First Offender Act, completed his sentence and was adjudicated not guilty.

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Monroe Jackson appeals from the trial court’s denial of his motion to vacate an illegal sentence. He argues that the court erred in ruling that he was required to register as a sexual offender under OCGA § 42-1-12 and, as a result, erred in ruling that his sentence for failing to register was authorized by law. For the following reasons, we agree and reverse the court’s order. The record shows that, in 1996, Jackson pled guilty to statutory rape and burglary charges and was sentenced to six years probation on each count, to run concurrently, pursuant to the provisions of the First Offender Act, OCGA § 42-9-60 et seq.1 He completed his probation and was discharged without an adjudication of guilt in 2002. Before his discharge, he was informed that he had to register as a sexual offender under OCGA § 42-1-122 and that he had to periodically renew that registration.

In October 2006, the State indicted Jackson, alleging that he was required to register as a sexual offender under OCGA § 42-1-12 and that he had failed to comply with the statute’s requirements. On January 23, 2007, he entered a guilty plea to the charge and was sentenced to ten years probation. On October 3, 2008, however, he filed a motion to vacate an illegal sentence, contending that he had successfully completed a first-offender sentence for the statutory rape and burglary charges in 2002 and, therefore, was not required to register as a sexual offender in 2006. The court denied his motion, finding as a matter of law that “the fact that Jackson was discharged from the 1996 sentence did not exempt him from the registration requirements under the state sexual offender registry.”

Jackson v. State

The defendant was not required to register as a sex offender under O.C.G.A. § 42-1-12, since he was sentenced for his underlying crimes under the First Offender Act, completed his sentence and was adjudicated not guilty.

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