James Daniel Duke, 43, of 151 Commercial St., New Martinsville, pleaded guilty Friday morning in Wetzel County Circuit court to count one and the lesser included offense of count two of his indictment, which charged him with crimes of failing to update his sex offender registry information.
For each plea Duke was sentenced to one to five years in the West Virginia Penitentiary for Men. These sentences are to be served consecutively; therefore, Duke will be in prison for a period of two to 10 years, with credit for time served, being 47 days.
Duke's indictment alleged that he committed the offenses of failure to update sex offender registry information, second offense failure to update sex offender registry information, second or subsequent offense failure to update sex offender registry information, and second or subsequent offense failure to register as a sex offender.
James Daniel Duke
Count one of the indictment states that on or before April 25, 2010, Duke allegedly failed to report, to the West Virginia State Police in Wetzel County, his move to the state of Ohio.
The second count alleges that on or before July 11, 2012, Duke knowingly failed to provide a change of address in New Martinsville. On or about June 30, 2010, Duke had been convicted of "failure to register" in the Common Pleas Court of Ohio.
The third count alleges that Duke knowingly failed to register or provide a change in information to the West Virginia State Police in Wetzel County by failing to report a change of his telephone number.
The fourth count alleges that Duke, being required to register as a sex offender for life, failed to report, in the month of his birth, to the West Virginia State Police detachment in Wetzel County.