State of Tennessee v. Antoine Tony Blugh

The Defendant-Appellant, Antoine Tony Blugh, was charged by presentment in count 1 of violating the Sex Offender Registration Act by establishing a residence within 1000 feet of a public park, in count 2 of violating the Sex Offender Registration Act by failing to timely register within forty-eight hours of changing his residence, in count 3 of an enhanced violation of the Sex Offender Registration Act by establishing a residence within 1000 feet of a public park after already having been convicted of a prior sex offender registry violation, and in count 4 of an enhanced violation of the Sex Offender Registration Act by failing to timely register after already having been convicted of a prior sex offender registry violation, all of which were Class E felonies. See T.C.A. §§ 40-39-211, -208. Prior to trial, Blugh filed a motion to dismiss the presentment, which the court denied. At trial, the jury acquitted Blugh in counts 1 and 3 but convicted him of count 2, and, following the second part of the bifurcated trial, convicted him of the enhanced violation in count 4. After merging count 2 with count 4, the trial court imposed a sentence of two years and six months, with a mandatory minimum sentence length of 180 days‟ imprisonment. See id. § 40-39-208(d). On appeal, Blugh argues: (1) the trial court erred in denying his motion to dismiss the presentment; (2) the trial court erroneously instructed the jury as to the applicable law regarding his status as a sexual offender in Tennessee; and (3) the trial court erred in denying his motion for judgment of acquittal because there was a fatal variance between the crimes alleged in the presentment and the evidence presented at trial. Upon review, the judgments of the trial court are affirmed.