People v. Poage
272 P.3d 1113
Colo. Ct. App.2011Background
- Defendant Poage appeals after a bench trial finding him guilty of two counts of failure to register as a sex offender, second offense, and the judgment is vacated.
- He was required to register as a sex offender under §16-22-103, and listed 410 Washington Ave, Adams County, as his current address on Jan 10, 2008.
- On Jan 23, 2008 a deputy verified the residence and found the home vacant.
- On Feb 8, 2008 he was charged with two counts under §18-3-412.5(1)(a) and two counts under §18-3-412.5(1)(i) with related sections for failure to deregister.
- At trial, the People elected to proceed under §18-3-412.5(1)(g) and (i) rather than subsection (a).
- The trial court found a prima facie case under (i) but the evidence failed to prove he moved out of Adams County; the defendant testified homelessness and lack of a fixed address.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence proves moving out of the jurisdiction | Poage moved out of Adams County, meeting §18-8-412.5(1)(i) | No proof defendant departed Adams County or changed jurisdiction | Evidence failed to establish moved out of Adams County; conviction vacated. |
| Proper application of the election to proceed under (g) and (i) | Election to proceed under (g) and (i) controls | Election abandoned other counts under (a) | People abandoned (a); issues resolved under (g) and (i) and failure to prove jurisdictional move invalidates conviction. |
| Whether cancellation of registration form was required when remaining in jurisdiction | Cancellation form required under §18-8-412.5(1)(g) | Cancellation not required if still within jurisdiction | Cancellation form requirement triggered only when leaving the jurisdiction; not proven here. |
| Statutory interpretation of §18-8-412.5(1) and related sections | Plain language covers failures under subsections (a)–(k) | Only two subsections chosen; standard requires proof of moving out | Plain language requires proof of leaving jurisdiction; failure to prove move defeats conviction. |
Key Cases Cited
- People v. Thompson, 187 Colo. 252 (Colo. 1975) (prosecutor's election to proceed on one count evidences abandonment of others)
- Crane v. People, 91 Colo. 21, 11 P.2d 567 (Colo. 1932) (election between counts equates to dismissal of others)
- Jamison v. People, 988 P.2d 177 (Colo. App. 1999) (legislative purpose and registration intent guidance)
- Bostelman v. People, 162 P.3d 686 (Colo. 2007) (statutory interpretation; read in context; give effect to all terms)
- Madden v. People, 111 P.3d 452 (Colo. 2005) (interpretation of statutory language and context)
- Espinoza v. People, 195 P.3d 1122 (Colo. App. 2008) (due process and sufficiency of evidence standards)