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State v. Glodowski

Court of Appeals of Idaho

April 16, 2019

STATE OF IDAHO, Plaintiff-Respondent,
v.
DAVID CHARLES GLODOWSKI, Defendant-Appellant.

          Appeal from the District Court of the First Judicial District, State of Idaho, Kootenai County. Hon. Scott Wayman, District Judge.

         Appeal from judgment of conviction for failing to update sex offender registration, affirmed.

          Eric D. Fredericksen, State Appellate Public Defender; Andrea W. Reynolds, Deputy Appellate Public Defender, Boise, for appellant.

          Hon. 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          SUBSTITUTE OPINION THE COURT'S PRIOR OPINION DATED MARCH 6, 2019, IS HEREBY WITHDRAWN

          Brailsford, Judge.

         David 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.

         I.

         FACTUAL AND PROCEDURAL BACKGROUND

         While 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 to -8331.

         In July 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.

         The 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 sex offender.

         After 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.

         Before 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 ruling.

         The 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 ...


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