People v. Jones
2017 COA 116
Colo. Ct. App.2017Background
- Kristopher Ray Jones, a registered sex offender, stayed at an Aurora motel (Adams County) and updated his registration on August 12, 2012.
- He left the motel when a parole voucher expired on August 20, 2012, and did not return or re-register with Aurora P.D.
- Between Aug. 27 and Sept. 4, 2012, parole check-in calls placed Jones at various truck stops and pay phones across Adams and Denver counties; no fixed residence was shown during the charged period (Aug. 26–Nov. 28, 2012).
- Prosecutors charged Jones only under Colo. Rev. Stat. § 18-3-412.5(1)(g) (failure to register "upon changing an address") and tried the case in Adams County; Jones moved for acquittal arguing (inter alia) that losing a fixed residence is not a "change of address."
- The trial court convicted; the Court of Appeals vacated the judgment, holding the evidence did not establish the particular subsection charged (1)(g).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether "ceases to reside and lacks a fixed residence" (§ 16-22-108(3)(i)) qualifies as "changing an address" in the criminal provision § 18-3-412.5(1)(g). | Jones’s loss of a fixed residence is a change of address and thus chargeable under § 18-3-412.5(1)(g). | "Changing an address" means moving from one fixed residence to another; becoming homeless/transient is a different registration duty and must be charged under the catchall in § 18-3-412.5(1). | Held for Jones: (3)(i) duties do not fall within the meaning of "changing an address" in (1)(g); failure to comply with (3)(i) must be charged under the catchall, not (1)(g). Conviction vacated. |
| Whether the prosecution’s election to charge only (1)(g) barred convicting under the uncharged catchall provision. | Prosecutor contended the only charged offense was (1)(g). | Jones argued prosecution was bound by its election and could not rely on an uncharged subsection. | Court agreed with Jones: prosecution was bound by its election; it did not prove the charged subsection. |
Key Cases Cited
- People v. Lopez, 140 P.3d 106 (Colo. App. 2005) (failure to register is a continuing offense)
- People v. Poage, 272 P.3d 1113 (Colo. App. 2011) (insufficiency of evidence requires vacatur when conduct better fits uncharged provision)
- People v. Griffin, 397 P.3d 1086 (Colo. App. 2017) (vacatur required where proof does not support the specific charged subsection)
- People v. White, 242 P.3d 1121 (Colo. 2010) (statutory terms must be read in context; ambiguous terms resolved by statutory scheme)