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People in the Interest of J.M.M.

2021 COA 88. No. 20CA0195.  Juvenile Delinquency—Sexual Assault on a Child—Sex Offender Registration—Petition for Removal from Registry.

July 1, 2021

J.M.M. pleaded guilty to sexual assault on a child (pattern) for sexual offenses he committed when he was 11 years old. He submitted a joint motion with the prosecution for a two-year deferred sentence subject to specified terms and conditions. J.M.M. did not satisfy the terms and conditions of the deferred sentence, and the People filed a motion to revoke his deferred sentence. The court revoked the deferred sentence, sentenced J.M.M. to 24 months of probation, and ordered him to complete sex offender treatment. J.M.M. violated the probation conditions several times and was ultimately sentenced to the custody of the Department of Youth Corrections for two years and ordered to successfully complete sex offender treatment. J.M.M. satisfied the terms and conditions of this final sentence, and he was paroled in 2005. In 2019, J.M.M. filed a petition to discontinue sex offender registration pursuant to CRS § 16-22-113(1)(e), which the court granted.

On appeal, the People argued that because J.M.M. failed to complete the terms of his original deferred judgment and had his probation revoked multiple times, the district court erred by applying CRS § 16-22-113(1)(e) and granting J.M.M.’s petition to deregister as a sex offender. A juvenile offender is eligible to seek to deregister as a sex offender even if the offender failed to satisfy the terms and conditions of earlier sentences or dispositions, so long as the offender successfully completed his or her subsequently imposed sentence or disposition. Because J.M.M. successfully completed a juvenile sentence or disposition and satisfied the other requirements of CRS § 16-22-113(1)(e), the district court did not err by granting J.M.M.’s petition to discontinue sex offender registration.

The order was affirmed.

Official Colorado Court of Appeals proceedings can be found at the Colorado Court of Appeals website.

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