from the District Court of the First Judicial District, State
of Idaho, Kootenai County. Hon. Scott Wayman, District Judge.
from judgment of conviction for failing to update sex
offender registration, affirmed.
D. Fredericksen, State Appellate Public Defender; Andrea W.
Reynolds, Deputy Appellate Public Defender, Boise, for
Lawrence G. Wasden, Attorney General; Russell J. Spencer,
Deputy Attorney General, Boise, for respondent.
SUBSTITUTE OPINION THE COURT'S PRIOR OPINION
DATED MARCH 6, 2019, IS HEREBY WITHDRAWN
Charles Glodowski appeals from his judgment of conviction for
failing to update his sex offender registration, a violation
of Idaho Code § 18-8309. For the reasons set forth
below, we affirm the judgment of conviction.
AND PROCEDURAL BACKGROUND
living in Wisconsin, Glodowski pled guilty to third degree
sexual assault, a violation of Wis.Stat. Ann. §
940.225(3) (Wisconsin conviction). As a result, Glodowski was
required to register in Wisconsin as a sex offender. In 2014,
Glodowski relocated to Idaho. The Bureau of Criminal
Identification (bureau), a division of the Idaho State Police
(ISP), reviewed Glodowski's prior Wisconsin conviction to
determine whether Glodowski must register as a sex offender
under the Idaho Sexual Offender Registration Notification and
Community Right-to-Know Act (SORA), I.C. §§ 18-8301
2014, the bureau issued an "Agency's Findings of
Fact, Conclusions of Law, and Final Order Regarding Sex
Offender Registration" (final order). In this final
order, the bureau found Glodowski's victim was fourteen
years old and concluded that Glodowski's Wisconsin
conviction is substantially equivalent to a violation of I.C.
§ 18-1508, prohibiting lewd conduct with a minor child.
Further, the bureau concluded that Glodowski's Wisconsin
conviction equated to an aggravated offense under I.C. §
18-8303(1) and that Glodowski is required to register in
Idaho for life. A certificate of service accompanied the
bureau's final order showing service on Glodowski by mail
on the same day the final order was issued.
final order informed Glodowski that he could file a motion
for reconsideration within fourteen days of service or appeal
to the district court within twenty-eight days. There is no
record that Glodowski ever sought reconsideration or appealed
the final order. Instead, Glodowski registered in Idaho as a
registering, Glodowski was repeatedly warned about his
failures to comply with the registration rules. When
Glodowski failed to return his quarterly address verification
form, it was discovered in May 2016 that he had moved without
providing notice of his new address. As a result, the State
charged Glodowski with a violation of I.C. § 18-8309 for
failing to update his registration information.
trial, the State filed a motion in limine to obtain a
pretrial ruling that Glodowski's Wisconsin conviction is
substantially equivalent to I.C. § 18-1508 and also to
I.C. § 18-6101, defining rape. The day before
Glodowski's trial in April 2017, the district court held
a telephonic hearing during which it ruled that, as a matter
of law, Glodowski's Wisconsin conviction is substantially
equivalent to both I.C. §§ 18-1508 and 18-6101. The
district court also entered a written order stating the same
case then proceeded to trial, and the district court
instructed the jury that a violation of Wis.Stat. Ann. §
940.225(3) is substantially equivalent to a violation of I.C.
§§ 18-6101 or 18-1508. The jury found Glodowski
guilty for failing to update his sex offender registration.
Glodowski timely appeals. He challenges only the district