GA- Overturned convictions could benefit offender

12-14-2008 Georgia:

Two recent rulings by the Georgia Supreme Court might have a huge effect on an Augusta homeless man serving a life sentence for violating the conditions of the state's sex offender registry.

Larry Moore, 41, was one of the first people in Georgia sentenced to life in prison after a 2006 law greatly increased the punishment for violating the conditions of the registry.

Mr. Moore twice did not register a proper home address with the sheriff's office.

His appellate attorney, Peter Johnson, says two recent rulings by the state Supreme Court will help Mr. Moore.

In the first, the court reversed William Santos' conviction.

Mr. Santos found himself homeless in July 2006. Like Mr. Moore, Mr. Santos contended he couldn't provide the Hall County sheriff with a home address because he didn't have one. In late October, the court ruled that the law as it applies to homeless people is unconstitutional.

In late November, the Supreme Court ruled that the mandatory life sentence for Cedric L. Bradshaw for a second offense of violating the sex offender registry was unconstitutional. The court found the punishment was grossly out of proportion to the crime.

Mr. Bradshaw's conviction still stands, however. The Supreme Court ordered his case returned to the trial court for resentencing.

Mr. Bradshaw and Mr. Moore received life sentences. Mr. Moore was convicted in Richmond County Superior Court and sentenced in July 2007.

TIMELINE
1996: Georgia legislators enacted the sex offender registry; punishment for violating the terms was a misdemeanor until the third offense.

1998: Legislators changed the punishment for violations so that a second and subsequent offense is a felony punishable by one to three years.

2002: The sex offender registry law changed again, making any violation a felony punishable by one to three years.

2006: Legislators increased punishment to 10 to 30 years for the first offense and life in prison for the second offense.

Larry Moore: Homeless man was sent to prison for life after not registering an address with the sheriff's office.

Mr. Moore testified at his trial that he tried to stay within the rules of the sex offender registry. But when the state Legislature changed the law to prevent sex offenders from living within 1,000 feet of any place where children might gather, the only places in Augusta where sex offenders could live were two hotels on Gordon Highway.

Mr. Moore said he rented a room from one but couldn't afford it after the owner increased the rent. He stayed with a friend for a while but eventually was out on the street, Mr. Moore said.

Mr. Moore had to register as a sex offender because he was convicted in North Carolina in 1994 of indecent liberties with a minor. He moved to Augusta in 2003 and registered as required until a violation in 2005 and again in April 2007.

Mr. Johnson believes the two Supreme Court cases apply directly to Mr. Moore.

His conviction should be reversed and he should be released from prison because of the homeless sex offender ruling, Mr. Johnson said.

"If the law under which he is convicted is unconstitutional as applied to him, then he should have his conviction set aside," Mr. Johnson said.

If the judge believes that ruling does not apply to Mr. Moore, at minimum the Bradshaw decision should apply and Mr. Moore should be resentenced, Mr. Johnson said.

The earliest hearing date Mr. Johnson could get to make his case for Mr. Moore is Jan. 21. District Attorney Ashley Wright declined comment on the case because it is pending.

The current punishment for violation of the sex offender registry is 10 to 30 years. Georgia is the only state to impose a life sentence for a violation of the sex offender registry.

Mr. Moore is one of four men serving life for such an offense, according to the state's Department of Correction. ..News Source.. by Sandy Hodson Staff Writer