Judge denies convicted sex offender's appeal of registry violation

A ruling by the Tennessee Court of Criminal Appeals has upheld a sentence handed down by a Bedford County judge in the case of a man who violated the sex offender registry.

An opinion by Appellate Judge Robert W. Wedemeyer issued this week stated that Circuit Court Judge Lee Russell was correct in sentencing Kenneth Lee Burrus to eight years for one count of filing a false report and two counts of violating the sex offender registry.

Burrus was sentenced to three years for each of the sex offender registry convictions and five years for filing a false police report, with Russell ordering Burrus to serve his two concurrent three-year sentences consecutively to his five-year sentence --- resulting in the eight-year sentence.

Burrus had told police that someone had taken and used his debit card six times, withdrawing $171.64, but after an investigation authorities learned it was actually Burrus using the card, which was confirmed by records of the transactions and surveillance video at Walmart.

Since Burrus had reported the card stolen and had filed a form with his bank to get the money refunded to his account, he was charged with filing a false report.

However, Burrus was convicted of sexual battery in Rutherford County in June 2004. Because he was listed as a sexual offender, he was required to report and register once a year within a 14-day period around his birthday.

When Detective Becky Hord of the Bedford County Sheriff's Department learned of Burrus' arrest, she spoke to him and found that he had changed residences without notifying her, resulting in a violation of the sex offender registry.

Burrus also did not come in during the seven days before or after his birthday, resulting in the second violation. He ended up pleading guilty to one count of filing a false report and to two counts of violating the sex offender registry.

When Burrus was sentenced, his pre-sentence report indicted three previous convictions as well as several probation violations and Judge Russell ruled that Burrus had an extensive criminal record, ordering him to serve eight years.

Burris argued in his appeal that Judge Russell was in error because he was not a "dangerous offender," there was no "significant time span of undetected activity," and there was no specific showing of "sufficient damage to victims."

But the appeals court agreed with Russell, saying that Burrus' record of criminal activity justified the consecutive sentencing, ruling that Burrus "is not entitled to relief on this issue."