Atryzek v. State, No. 2019-215 (R.I. 2022)
Nature of Case: Defendant, who pled nolo contendere to multiple counts of failure to comply with Rhode Island’s Sex Offender Registration statute, filed an application for postconviction relief. The Superior Court initially denied the petition. However, on review, the Supreme Court quashed the judgment and remanding the case holding that further factfinding was warranted to determine exactly when the expiration of sentence for defendant’s offense occurred, in light of State v. Gibson, 182 A.3d 540 (R.I. 2018). On remand, the Superior Court vacated the convictions. The State subsequently filed a petition for certiorari, which was granted by the Rhode Island Supreme Court.
Holding: The Rhode Island Supreme Court affirmed the Superior Court’s judgment in part and quashed the judgment in part declaring that Defendant is no longer required to register as a “sex offender” in Rhode Island. In so holding, the opinion concluded that dates of alleged offenses, not dates of conviction, controlled whether a registration duty was violated and that the state’s argument that earlier convictions gave rise to new independent duty to register was outside the scope of remand.