The Arkansas Court of Appeals has upheld the conviction and 45-year prison sentence for a Level 4 sex offender. James Edward Green , Jr., 44, of Monticello, was convicted of living within 2,000 feet of a daycare facility and failure to comply with state registration and reporting requirements.
In his appeal to the Arkansas Court of Appeals, Green argued that there was not sufficient evidence to support his conviction. He claimed he was living at his parents’ home, not a mobile home located near the daycare facility. He said he was in the trailer doing repair work.
However, utilities in the mobile home were in Green’s name and there were men’s clothing, toiletries, a mattress and pillow, dishes and food in the mobile home along with prescription medication bottles bearing Green’s name. Also, a key to the mobile home was in Green’s possession when he was arrested and there was no evidence of repair work having been done in the home.
Although there was testimony from Green’s father and the owner of the mobile home supporting Green’s claim that he was not living in the home, the jury was not required to believe that testimony, according to an Arkansas Court of Appeals opinion released Wednesday.
“On this record, we think that a jury could find that there was no reasonable conclusion to be drawn except that (Green) was residing in the trailer,” Judge John Pittman wrote in the opinion for the Arkansas Court of Appeals.
In his second point on appeal, Green said the Drew County Circuit Court erred during the sentencing phase of his trial when it admitted into evidence a Risk Assessment and Offender Profile Report on Green.
“It is true that such reports are not admissible for purposes of sentencing,” Pittman wrote. “Nevertheless, we do not reach this issue because it is not properly before us. (Green’s) attorney, when asked by the trial court, expressly said that he had no objection to the report. As a general rule, we do not address issues raised for the first time on appeal… Even constitutional issues are waived if not raised at trial.
While Green argues that he should be able to raise that issue pursuant to one of the exceptions to the contemporaneous-objection rules, he failed to specify which exception might apply to his case, according to Pittman.
The court upheld Green’s conviction and sentence.
Sex offenders are registered based on a 1-4 level system with a Level 1 offender described as one who is least likely to re-offend and a Level 4 offender characterized as “sexually violent predator”.
Level 1 – Least likely to re-offend
Level 2 – Moderate risk to re-offend
Level 3 – High Risk to re-offend
Level 4 – Sexually Violent Predator