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427 P.3d 274
Utah Ct. App.
2018
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Background

  • 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)
Read the full case

Case Details

Case Name: Holste v. State
Court Name: Court of Appeals of Utah
Date Published: Apr 19, 2018
Citations: 427 P.3d 274; 2018 UT App 67; 20160965-CA
Docket Number: 20160965-CA
Court Abbreviation: Utah Ct. App.
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    Holste v. State, 427 P.3d 274