Cedric Lavell Bradshaw was found guilty in a bench trial of failing to register as a convicted sex offender in that, he had failed to provide his valid current address within 72 hours of changing his address. OCGA § 42-1-12f. It being his second violation of the registration law,1 a mandatory sentence of life imprisonment was imposed. See OCGA § 42-1-12n. Prior to his bench trial, appellant filed a motion to dismiss the indictment on the ground that the mandatory sentence of life imprisonment for a second conviction of failing to register constituted cruel and unusual punishment, in violation of the Eighth Amendment to the Constitution of the United States and Article I, Section I, Par. XVII of the 1983 Georgia Constitution.2 Appellant asserts on appeal that the trial court erred when it denied his motion and sentenced him to life imprisonment after having found him guilty.3 1. The State presented evidence that appellant had been serving a sentence in the county jail for statutory rape.4 Within 72 hours of his release, appellant registered as a sex offender with the Bulloch County Sheriff’s Department and listed his sister’s residence as his residential address. See OCGA § 42-1-12f2. After investigating the given address, the sheriff’s department informed Bradshaw by letter that he could not live at the registered address because that residence was within 1000 feet of a children’s recreation center. OCGA § § 42-1-12a3; 42-1-15 b. Bradshaw then provided his aunt’s address as his residence. The sheriff’s department told him that address was unacceptable because it was within 1000 feet of a church. OCGA § 42-1-15b. Bradshaw then provided the sheriff’s department with a third address. Upon investigation six days later, the sheriff’s department determined the address as given did not exist. The investigator found a nearby address which was occupied by a family friend of appellant who said appellant had inquired about living there, but was not residing there. When he could not locate appellant, the investigator contacted appellant’s sister, which resulted in appellant’s arrival at the jail where he was arrested for failing to abide by the registry law. Appellant testified he had inquired about living with the family friend but had been unable to contact the friend after their initial meeting, so he had stayed with his girlfriend while making efforts to establish contact with the friend. He did not provide the sheriff’s department with his girlfriend’s address as his residence.
The evidence presented during the bench trial was sufficient for a rational trier of fact to find appellant guilty beyond a reasonable doubt of failure to register as a sex offender. Jackson v. Virginia , 443 U.S. 307 99 SC 2781, 61 LE2d 340 2007.
