Following a jury trial, Steven Canup was convicted of failure to register as a sex offender in violation of OCGA § 42-1-12 f 5. Because it was Canup’s second conviction for failure to register, he received a mandatory life sentence under OCGA § 42-1-12 n 3. Canup filed a motion for new trial, requesting that the trial court grant his motion for directed verdict that had been presented during trial and challenging the sufficiency and weight of the evidence. In ruling upon the motion for new trial, the trial court granted the motion for directed verdict and further ruled that the mandatory sentencing provision of OCGA § 42-1-12 n 3 was unconstitutional. The state appeals,1 contending that the trial court erred in granting the motion for directed verdict after the judgment of conviction had already been entered, erred in finding that no rational trier of fact could reach a verdict of guilty, and erred in ruling that the sentencing statute was unconstitutional. Because the trial court erred in granting the motion for directed verdict after the judgment of conviction had been entered, we must reverse and remand this case for the trial court’s consideration of the remaining issues raised in Canup’s motion for new trial. In light of our remand of this case, any issue regarding the constitutionality of the sentencing statute is premature and need not be reached in the instant appeal. On appeal from a criminal conviction, the evidence must be construed in the light most favorable to the verdict, and the defendant no longer enjoys the presumption of innocence; moreover, an appellate court does not weigh the evidence or determine witness credibility but only determines whether the evidence is sufficient under the standard of Jackson v. Virginia , 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979. Citation omitted. Bryson v. State , 282 Ga. App. 36, 37 1 a 638 SE2d 181 2006. So viewed, the evidence at trial showed that in June 2005, Canup entered a guilty plea to the crime of attempted child molestation and was sentenced to ten years probation by the Jackson County Superior Court. Following his conviction, Canup registered as a sex offender as required by OCGA § 42-1-12. Thereafter, Canup’s probation investigator was unable to locate Canup at the Jackson County address that he had provided in his registration. As a result, a warrant for Canup’s arrest was issued. Canup was later found and arrested in Franklin County. After his arrest, Canup was informed of the address registration requirements, including the requirement to notify local authorities within 72 hours of a change of residence pursuant to OCGA § 42-1-12 f 5. Canup then resided with his father in Franklin County, and he registered his father’s residence as his address in compliance with the registration requirements. When Canup’s probation was transferred to Franklin County in July 2006, Canup’s new probation officer confirmed that Canup had been informed of the sex offender registration requirements and discussed the requirements with Canup at the initial intake meeting.
Thereafter, in August 2006, Canup failed to appear for a scheduled appointment with his probation officer and an investigator was sent to his father’s residence in an attempt to locate him. The investigator spoke with Canup’s father, who informed him that Canup no longer lived at the residence and had been gone for approximately two weeks. Canup’s father provided the investigator with an address in Jackson County where Canup had been residing with his mother.
