People v. Griffin
2011 Colo. App. LEXIS 405
Colo. Ct. App.2011Background
- Griffin, a convicted sex offender, was charged with failure to register under Colo. Rev. Stat. § 18-3-412.5(l)(g) and (2).
- He canceled his Denver registration in 2006, intending to move to a specific Adams County residence, but never registered there.
- In 2007, Griffin was arrested in another state, brought to Colorado, and convicted of failing to register after establishing a residence in Adams County.
- The trial court found Griffin failed to register in Adams County.
- The issue on appeal is whether Griffin was required to register in Adams County; the Supreme Court vacated the conviction for lack of proof he resided in Adams County.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether establishing a residence requires physical occupancy | Griffin contends he never lived in Adams County, so no residency existed | People contend establishing a residence can be shown by intent to reside | Residency requires physical presence or occupancy; conviction vacated |
Key Cases Cited
- Carlson v. District Court, 180 P.2d 525 (Colo. 1947) (residence requires bodily presence as inhabitant)
- Left Hand Ditch Co. v. Hill, 933 P.2d 1 (Colo. 1997) (interpret statutes to harmonize provisions)
- Adams County School Dist. v. Dickey, 791 P.2d 688 (Colo. 1990) (statutes must be construed as a whole for sensible effect)
- Wolford v. Pinnacol Assurance, 107 P.3d 947 (Colo. 2005) (rejecting interpretations yielding unworkable results)
- Thompson v. Drug Enforcement Admin., 492 F.3d 428 (D.C. Cir. 2007) (illustrates need for clear language when unusual results are intended)