People v. Wilson
2017 COA 89
Colo. Ct. App.2017Background
- Gregory James Wilson was released from custody on Sept. 23, 2013, and met with his parole officer who told him to register as a sex offender within five business days.
- Wilson received and initialed a four-page "notice to register as sex offender," which stated the five-business-day registration requirement; he signed acknowledging he understood the requirement.
- Wilson did not register within the five-day period; he was evicted from temporary lodging during that period and later arrested for parole violation after the deadline passed.
- At arrest, Wilson had not registered or confirmed registration; he testified he believed eviction/homelessness entitled him to an additional five days to register.
- Wilson was charged and convicted of failure to register as a sex offender and appealed, arguing insufficient evidence of knowledge and that uncontrollable circumstances (homelessness/eviction) should be an affirmative defense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency: Did evidence show Wilson knowingly failed to register within five business days after release? | People argued evidence showed Wilson knowingly failed to comply (parole officer instruction, signed notice, admission). | Wilson argued he reasonably believed eviction gave him extra time and thus lacked the requisite knowledge or intent. | Court affirmed: sufficient evidence of knowing failure to register (signed notice, admission, deadline missed). |
| Uncontrollable circumstances defense: Did homelessness/eviction qualify as uncontrollable circumstances under § 18-3-412.5(1.5)? | People argued statute contemplates lack of fixed residence and thus homelessness is not an uncontrollable circumstance excusing failure to register. | Wilson argued eviction/homelessness prevented compliance and therefore satisfied the affirmative defense. | Court affirmed trial court’s striking of the defense: homelessness is not a qualifying uncontrollable circumstance because statute requires registration even without a fixed residence. |
Key Cases Cited
- Dempsey v. People, 117 P.3d 800 (Colo. 2005) (standard of review for sufficiency of evidence)
- People v. Lopez, 140 P.3d 106 (Colo. App. 2005) (failure-to-register includes mental state of "knowingly")
- People v. Mendro, 731 P.2d 704 (Colo. 1987) (mistake of law generally not a defense)
- People v. Lesslie, 24 P.3d 22 (Colo. App. 2000) (distinguishing mistake of fact and mistake of law defenses)