Criminal Law: Sex Offender Registry- Registration Requirement- Eligibility for Removal

Defendant appealed the dismissal of his petition for removal from the sex offender registry. On appeal, defendant challenged his classification as a tier III sex offender under SORA and his accompanying ineligibility for removal from the registry and argued that he should not have been required to register under SORA and was thus eligible for removal.

Where trial court determined defendant’s eligibility for removal from the sex offender registry based on the facts underlying defendant’s crime rather than the actual offense for which defendant was convicted, defendant was erroneously deemed defendant a tier III sex offender ineligible for removal from the registry.

Judgment is affirmed.

Carr v. Missouri Attorney General’s Office (MLW No. 72135/Case No WD80727 – 8 pages) (Missouri Court of Appeals, Western District, Gabbert, J.) Appealed from Circuit Court, Jackson County, Powell, J. (David Kelly, Lee’s Summit, Missouri, attorney for appellant) (Aaron Maness, Jefferson City, Missouri, attorney for respondent)