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Sequeira v. State

Trial court erred by ordering simple battery defendant to register as sexual offender based on his sexual conduct of touching the 15-year-old victim's breasts and legs, since O.C.G.A. § 42-1-12 requires registration only if the conviction results from an underlying sexual offense.

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Jairon Antonio Sequeira pled guilty to two counts of simple battery, one count of affray and one count of public intoxication. The trial court entered a judgment of conviction on the plea and sentenced Sequeira to serve eleven months and twenty-nine days on probation for each offense. Several weeks later, the county probation department requested that Sequeira be ordered to register as a sexual offender under OCGA § 42-1-12 because one of his simple battery convictions was for having placed his hands on the breasts and between the legs of a fifteen-year-old girl. The court granted the request and ordered Sequeira to register. Sequeira appeals from that order.

1. Sequeira asserts that the trial court erred in ordering him to register as a sexual offender based on a conviction for the non-sexual offense of simple battery. We agree and reverse the trial court’s ruling.

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