STATE v. RODRIGUEZ (2026)

Writ application granted. See per curiam.

The probation of the applicant/defendant, Joseph Rodriguez, was revoked after a hearing held on January 10, 2024. While neither the applicant nor the State has provided this court with a motion to revoke probation, the hearing transcript shows that the basis to revoke was not a failure to register as a sex offender, but rather a failure to provide a change of address for registration purposes.

Mr. Rodriguez testified that he had resided at 10064 Cochise Drive for over 17 years and had not changed his address. This testimony was not rebutted by competent non-hearsay evidence. The transcript also shows that law enforcement did not enter neither the registered address of 10064 Cochise Drive, nor the supposed new address of 26229 Walker South Road, to search for clothing, mail, or personal belongings indicating applicant's domicile. When applicant was arrested on his way home after a meeting with his probation officer, he was traveling on a path toward the Cochise Drive address and away from the Walker South Road address.

Accordingly, we find the State failed to carry its burden of an unreported, unregistered change of address. The ruling of the trial court is reversed and applicant's probation is reinstated with credit for time served while incarcerated.

REVERSED; PROBATION REINSTATED.

McCallum, J., dissents. Cole, J., dissents. Penzato, J., dissents.