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Wash. Court of Appeals published opinion — D2 45190-5-II Published Opinion.pdf

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Wash. Court of Appeals published opinion — D2 45190-5-II Published Opinion.pdf
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Washington (state)
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address and relayed that information to the Cowlitz County Sherriff' s Department. The State

charged Breidt with failure to register as a sex offender.

Breidt waived his right to a jury trial and the case proceeded to a bench trial. At trial,

Chavez testified that he allowed Breidt to reside with him at his house on Southwest Second

Avenue after Breidt got out of prison in August or September 2012. Breidt slept on the couch, got

his mail, took his meals, and kept his belongings there. In mid -October, Chavez gave Breidt two

weeks' notice to move out by November 1. Breidt vacated the residence and took most of his

belongings with him. After November 1, Chavez did not allow Breidt to stay at the residence.

Breidt did not live at the residence after November 1, but Breidt would come over to the house to

hang out for a little bit and leave." Report of Proceedings ( RP) at 14. Chavez stated he did not

think Breidt had spent the night at Chavez' s after November 1, but could not remember for sure.

Chavez also testified that after he made Breidt leave the residence, Chavez would put " return to

sender" on Breidt' s mail that came to the residence. RP at 16. If Breidt came by the house and

Chavez had not yet returned the mail, Chavez would give Breidt his mail.

The trial court found Breidt guilty of failure to register as a sex offender. Breidt appeals.

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No. 45190 -5 -II

ANALYSIS

Breidt argues that the sex offender registration statute is unconstitutionally vague as

applied to him because it does not adequately define what constitutes a change of one' s residence

address. We disagree.

RCW 9A.44. 130( 4)( a) provides: