2012 COA 52
Colo. Ct. App.2012Background
- Brooks was Texas convicted in 1994 of indecency with a child by exposure; sentenced to ten years in TDC, unclear if served.
- After Texas conviction, Brooks moved to Colorado, pleaded guilty to aggravated robbery, and received a nineteen-year Colorado sentence.
- He was paroled in Colorado in October 2007 and was advised he must register as a sex offender under Colorado law based on the Texas conviction.
- From October 2007 to July 2009, he completed seven quarterly sex offender registrations.
- On July 20, 2009, Brooks registered his address with the Colorado Springs Police Department, which three weeks later found he no longer resided at the registered address.
- He was charged with two felony counts of failing to register; after proceedings, he was convicted of two misdemeanors for failing to register; the trial court denied Brooks’s motion to dismiss.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is Brooks required to register as a sex offender in Colorado? | People argued yes under the registration statute. | Brooks argued no because his Texas conviction does not satisfy Colorado indecent-exposure elements. | No; Brooks was not required to register. |
Key Cases Cited
- Mayo v. People, 181 P.3d 1207 (Colo.App.2008) (statutory interpretation de novo)
- Fabiano v. Armstrong, 141 P.3d 907 (Colo.App.2006) (plain-language statutory interpretation)
- People v. Dunaway, 88 P.3d 619 (Colo.2004) (due-process element proof required beyond reasonable doubt)
- People v. Rodriguez, 914 P.2d 230 (Colo.1996) (due-process/elements of crime)
- Fendley v. People, 107 P.3d 1122 (Colo.App.2004) (statutory purpose of registration; not punishment)