Assigned on Briefs July 9, 2019
from the Circuit Court for Fayette County No. 2017-CR-198 J.
Weber McCraw, Judge
Fayette County jury convicted the defendant, Rickey Driver,
of violating the requirements of the sexual offender registry
due to his failure to report during 2016. The trial court
imposed a six-year sentence which was suspended after 120
days of service. On appeal, the defendant challenges the
sufficiency of the evidence supporting his conviction.
Following our review of the record and pertinent authorities,
we affirm the judgment of the trial court.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
Matthew C. Edwards, Bolivar, Tennessee, for the appellant,
Herbert H. Slatery III, Attorney General and Reporter;
Katharine K. Dekcer, Assistant Attorney General; Mark E.
Davidson, District Attorney General; and Falen Chandler,
Assistant District Attorney General, for the appellee, State
Ross Dyer, J., delivered the opinion of the court, in which
James Curwood Witt, Jr. and Robert W. Wedemeyer, JJ., joined.
ROSS DYER, JUDGE.
and Procedural History
November 2017, the defendant was indicted for failing to
comply with the requirements of the Tennessee Sexual Offender
and Violent Sexual Offender Registration, Verification, and
Tracking Act of 2004 ("the Act") due to his failure
to report in 2016. Initially, the defendant wanted to proceed
pro se. However, during a pre-trial hearing, the defendant
requested the trial court appoint an attorney to represent
him. After the appointment of counsel, the defendant
proceeded to trial on April 30, 2017. The State presented the
following facts to the jury.
20, 1983, the defendant pled guilty to assault with the
intent to commit rape in the criminal court of Shelby County,
Tennessee. He received a three-year sentence which expired on
January 18, 1986. The defendant remained a resident of
Tennessee and as such, was required to register as a sexual
offender after the enactment of the Act. The defendant first
registered with Tennessee's sexual offender registry
("SOR") on August 30, 2012. In doing so, he signed
an instruction form which detailed the reporting requirements
and an acknowledgment indicating he read and understood the
federal and state registration, verification, and tracking
requirements. The instruction form specifically noted sexual
offenders "shall report once a year within 7 days before
and 7 days after the offender's birthday." After his
initial registration, the defendant subsequently signed the
instruction form and acknowledgment on September 13, 2012,
April 3, 2014, April 7, 2016, and August 8,
Thigpen, the Fayette County sex offender registry officer,
detailed the defendant's SOR records at trial. Officer
Thigpen testified the defendant is classified as a sexual
offender who is required to report to the Fayette County
Sheriff's Office each year between May 8 and May 22, as
the defendant was born on May 15, 1959. In 2016, Ms.
Thigpen personally explained the reporting requirements to
the defendant and witnessed him sign the instruction form and
acknowledgment. After doing so, however, the defendant failed
to report in May 2016, a capias was issued, and the defendant
was arrested for his present charge on July 4, 2016.
the State rested its case, the defendant did not present any
proof, and the jury convicted him of violating the sex
offender registry due to his failure to report in May 2016.
The trial court imposed a suspended sentence of six years
after 120 days of service in the Tennessee Department of
Correction. The defendant filed a ...