from the Superior Court in Pima County The Honorable Scott
Rash, Judge No. CR20144529-001 REVERSED
of the Court of Appeals, Division Two 240 Ariz. 496 (App.
Brnovich, Arizona Attorney General, Dominic Draye, Solicitor
General, Joseph T. Maziarz, Chief Counsel, Eric Knobloch
(argued), Assistant Attorney General Criminal Appeals
Section, Phoenix, Attorneys for State of Arizona.
County Legal Defender's Office, Dean Brault, Robb P.
Holmes (argued), Assistant Legal Defender, Tucson, Attorneys
for Lynn Lavern Burbey.
L. May hew (argued), Pima County Public Defender's
Office, Tucson, Attorney for Amicus Curiae Pima County Public
JUSTICE BOLICK authored the opinion of the Court, in which
CHIEF JUSTICE BALES, VICE CHIEF JUSTICE PELANDER, and
JUSTICES BRUTINEL, TIMMER, and GOULD, and JUDGE McMURDIE
Registered sex offenders must notify law enforcement
officials of their new "residence" or address
within seventy-two hours after they move and must
"register as a transient not less than every ninety
days" if the person "does not have an address or a
permanent place of residence." A.R.S. § 13-3822(A).
Lynn Lavern Burbey was convicted of a felony for failing to
satisfy the first requirement after leaving a halfway house
and becoming homeless. We overturn the conviction, holding
that only the second requirement applies to transient
In April 2014, Burbey registered as a sex offender when he
was released from prison to a halfway house. A.R.S. §
13-3821(I). In his registration, Burbey listed the address of
the halfway house as his residence. That September, he left
the halfway house and became homeless, living outdoors near
the Speedway/Alvernon intersection in Tucson. He did not
notify the Pima County Sheriff's Department that he left
the halfway house, nor did he register as a transient. Within
the month thereafter, Burbey was arrested for failing to
notify authorities within seventy-two hours that he had moved
from the halfway house, in violation of § 13-3822(A), a
class four felony. At trial, the court rejected Burbey's
proposed instruction regarding the meaning of
"registration" under § 13-3822(A) and
instructed the jury that the statute required notice within
seventy-two hours of moving. Burbey was convicted and
sentenced to seven years in prison.
The court of appeals affirmed. State v. Burbey, 240
Ariz. 496, 498 ¶ 1 (App. 2016). After considering the
statute's language, purpose, and history, the court
concluded that "§ 13-3822(A), while imposing on
homeless registrants a reporting obligation not less than
every ninety days so long as the person remains homeless,
also plainly requires that all registrants,
including those who become homeless, notify the sheriff, in
person and in writing, within seventy-two hours of moving
from a previously registered address." Id. at
501 ¶ 14 (emphasis in original).
We granted review to determine whether a person must register
a new residence or address within seventy-two hours of
becoming homeless, a recurring issue of statewide concern. We
have jurisdiction under article 6, section 5(3) of the
Arizona Constitution and A.R.S. § 12-120.24.
We review trial court rulings regarding jury instructions for
abuse of discretion. State v. Garza,216 Ariz. 56,
66 ¶ 42 (2007). We review issues of "whether jury
instructions properly state the law" and statutory