You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

State v. Dorris

Citations: 518 S.W.3d 297; 2017 WL 2333055; 2017 Mo. App. LEXIS 517Docket: WD 79660

Court: Missouri Court of Appeals; May 30, 2017; Missouri; State Appellate Court

Narrative Opinion Summary

Thomas Wayne Dorris appeals his conviction for residing as a sex offender within one thousand feet of a school, in violation of section 566.147, following a bench trial in the Circuit Court of Henry County. He was sentenced to four years of imprisonment as a prior and persistent offender, to be served concurrently with a five-year sentence for failing to register his address change, a separate violation under section 589.425. Dorris argues on appeal that the circuit court erred in concluding beyond a reasonable doubt that he was aware his residence was within the prohibited distance of school property. The appellate court affirmed the decision, and a memorandum detailing the reasons for this order has been provided to the parties, in accordance with Rule 30.25(b).

Legal Issues Addressed

Appellate Review and Affirmation of Lower Court's Decision

Application: The appellate court affirmed the circuit court's decision, indicating that the lower court's ruling met the required legal standards.

Reasoning: The appellate court affirmed the decision, and a memorandum detailing the reasons for this order has been provided to the parties, in accordance with Rule 30.25(b).

Residency Restrictions for Sex Offenders under Section 566.147

Application: The court found Thomas Wayne Dorris guilty of residing within one thousand feet of a school, as prohibited for registered sex offenders under section 566.147.

Reasoning: Thomas Wayne Dorris appeals his conviction for residing as a sex offender within one thousand feet of a school, in violation of section 566.147.

Sentencing for Prior and Persistent Offenders

Application: Dorris was sentenced as a prior and persistent offender, receiving a four-year imprisonment term to run concurrently with another sentence for a related offense.

Reasoning: He was sentenced to four years of imprisonment as a prior and persistent offender, to be served concurrently with a five-year sentence for failing to register his address change, a separate violation under section 589.425.

Standard of Evidence for Criminal Conviction

Application: The appellate court upheld the circuit court's decision, which concluded beyond a reasonable doubt that Dorris was aware of his residence's proximity to a school.

Reasoning: Dorris argues on appeal that the circuit court erred in concluding beyond a reasonable doubt that he was aware his residence was within the prohibited distance of school property.