March 17, 2009

MO- Missouri Supreme Court upholds Marion County man's conviction

3-17-2009 Missouri:

Hannibal, MO — The Missouri Supreme Court has upheld the conviction of a Marion County sex offender.

William D. Holden was charged in April 1994 with two counts of sodomy with a child under the age of 14.

Before he pleaded guilty in March 1995, the state passed a law requiring sex offenders to notify sheriff’s departments within 10 days of moving to a new address.

Holden was released from prison in May 2001 and registered with the Marion County sheriff. In July 2007, he moved but failed to comply with the 10-day requirement.

Holden argued the law was unconstitutionally retrospective. A trial court overruled his motion and in January 2008 sentenced him to four years in prison.

The Supreme Court voted 7-0 to affirm Holden’s conviction. ..News Source.. by Staff reports



Mo. court rules date of conviction, not offense, decides who must sign state sex offender list

JEFFERSON CITY, Mo. (AP) — The Missouri Supreme Court has upheld a four-year prison sentence for a sex offender who did not report to police when he moved within Hannibal.

William Holden pleaded guilty in 1995 to sodomizing a 5-year-old girl in April 1994. Holden was released from prison in 2001 but didn't notify police within 10 days of moving from a basement to another house and then again to his car.

Holden claimed he was not required to update his address because the original sodomy offense happened before Missouri started requiring sex offenders to register in 1995. The state cannot add extra punishment for crimes after the fact.

The Supreme Court ruled Tuesday that the deciding factor is when someone pleads guilty or is convicted, not the date of the offense. ..Source..

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