427 P.3d 274
Utah Ct. App.2018Background
- In 2006 Holste pled guilty in Idaho to lewd conduct with a minor; Idaho withheld entry of judgment and placed him on probation conditioned on sex-offender registration.
- Holste registered in Idaho and complied with probation; in 2010 Idaho set aside his guilty plea and dismissed the case with prejudice, but he concedes Idaho still requires him to register.
- Holste moved to Utah around 2010, received notice from Utah DOC that he must register, and complied by registering in Utah.
- In 2016 Holste sued for a declaratory judgment that he is not required to register in Utah; the Department moved to dismiss, arguing Utah law requires his registration.
- The district court granted the Department’s motion and dismissed Holste’s suit; Holste appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Holste must register under Utah law | Holste: because his Idaho case was dismissed, he was not "convicted by any other jurisdiction," so § 77-41-105(1) does not apply and he need not register | Department: Utah law defines "sex offender" to include those required to register by another state and § 77-41-105(3)(a) requires all "offenders" to register | Court: Affirmed dismissal — § 77-41-105(3)(a) requires all "offenders" to register, and Holste concedes he is an "offender" |
Key Cases Cited
- Meritage Cos. v. Gross, 409 P.3d 111 (Utah Ct. App.) (statutory interpretation standards)
- State v. Jeffries, 217 P.3d 265 (Utah 2009) (avoid statutory surplusage in construction)
- State v. Kropf, 360 P.3d 1 (Utah Ct. App.) (appellate court may affirm on any correct basis supported by record)
