Ricky Lynn Lenard, Sr. v. State of Arkansas

Citation: 2022 Ark. 179

Court: Supreme Court of Arkansas; October 6, 2022; Arkansas; State Supreme Court

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Ricky Lynn Lenard, Sr. appealed a jury verdict from the Jefferson County Circuit Court, which found him guilty of failing to comply with sex-offender registration requirements, resulting in a three-year prison sentence. On appeal, Lenard contended that the trial court incorrectly denied his directed-verdict motions and wrongly classified him as a person required to register as a sex offender. The Supreme Court of Arkansas affirmed the lower court's judgment.

Lenard had previously pleaded guilty to fourth-degree sexual assault in 2010, which mandated his registration as a sex offender under the Sex Offender Registration Act (SORA). He later faced probation violations and additional charges, including failure to register, leading to a combined sentence of sixty months’ imprisonment for various offenses.

The court's original sentencing order indicated that Lenard committed an "aggravated sex offense" and labeled him a "sexually violent predator." However, an amended order, granted following Lenard's pro se motion in 2013, retracted these designations and stated he was not required to register for the failure-to-register offense. This amendment was critical in Lenard’s appeal, as it influenced the court's discussion on whether failure to register constituted a sexual offense. 

In the case of Lenard v. Kelley, the court concluded that the Arkansas Department of Correction had overstepped its authority by conditioning Lenard’s parole eligibility on participation in sexual offender programs, as the failure to register was not classified as a sexual offense.

Key considerations in the case include the victim's age related to Lenard's misdemeanor fourth-degree sexual assault conviction and his non-participation in the Reduction of Sexual Victimization Program (RSVP). The Board's authority to grant or deny transfer is linked to the felonies for which the inmate is incarcerated. Lenard filed a motion in circuit court to determine his registration status, claiming he should not be required to register as a sex offender due to a prior opinion that he argued absolved him. The circuit court dismissed his argument, affirming that Lenard remained subject to civil and criminal obligations stemming from his sexual assault conviction, thus requiring him to register under the sex-offender registration act.

Lenard was later tried and convicted for failing to provide information as a registered sex offender, a Class C felony under Arkansas law. The prosecution's evidence included testimony from Paula Stitz, manager of the state sex-offender registry, and Christy Badgley, the sex-offender coordinator for Jefferson County. Stitz explained that Lenard was required to report every six months, while Badgley detailed his obligations to report in person and submit verification forms. Despite reporting in June, July, and August 2019, Lenard failed to report in September, October, and November of that year, with his next registration occurring only after his arrest in March 2020. Badgley provided forms signed by Lenard confirming his reporting obligations, which were admitted into evidence.

Lenard contested his alleged failure to report to authorities, presenting testimony from his former fiancée, Cheryl Ray, who confirmed she drove him to meetings with his caseworker, Badgley, during late 2019 and stated that Lenard had secured housing in September 2019, ending his homelessness. Lenard claimed his reporting dates were in May and December, asserting he did not miss his six-month reporting window. He argued he informed Badgley of his housing status change in September and believed he should have only needed to verify his address every six months, although he reported in October due to not receiving paperwork from Badgley. 

Lenard filed a motion for a directed verdict, suggesting that the State did not provide enough evidence for a jury decision regarding his reporting dates and referenced Badgley’s conflicting testimony about his compliance. The court, in reviewing the denial of this motion, noted that evidence must be viewed favorably to the verdict and that substantial evidence is required to support a conclusion beyond mere speculation. 

The trial record indicated that Lenard’s registration and reporting obligations resumed in 2018 after his release from incarceration due to a fourth-degree sexual assault conviction, mandating in-person reporting every six months and immediate notification of any address changes. Badgley confirmed that Lenard reported in May 2019 and acknowledged his next reporting date as November 10, 2019, unless he became homeless, which would require monthly verification. However, Lenard failed to report in September, October, or November 2019, leading to his arrest for noncompliance on November 21, 2019. 

Lenard's appeal argued that a previous case (Lenard v. Kelley) exempted him from the requirement to register as a sex offender, but the court clarified that his obligation stemmed from his conviction for sexual assault, not from any later felony charge related to failure to register. The successful correction of certain findings in his sentencing did not alter his obligation to register. Consequently, the circuit court's ruling that Lenard was required to register as a sex offender was affirmed.