Holste v. StateAnnotate this Case
The Supreme Court affirmed the decision of the court of appeals affirming the judgment of the district court dismissing Appellant's motion for declaratory judgment, holding that Utah Code 77-41-105 requires individuals to register as a sex offender in Utah even though their conviction in another jurisdiction has been set aside.
Appellant pled guilty in Idaho to a sex offense that required him to register as a sex offender. The entry of judgment was withheld, and after Defendant completed his probation, the court set aside Defendant's plea. When Defendant moved to Utah he filed a lawsuit seeking a declaratory judgment that he was not required to register in Utah because he was never actually convicted in Idaho. The district court dismissed the suit. The court of appeals affirmed, holding that section 77-41-105(3)(a) required Defendant to register regardless of whether he was convicted because he met the definition of an "offender." The Supreme Court affirmed, holding (1) Appellant was required to register as a sex offender in Utah based on his status as an offender; and (2) Appellant was required to register in Utah because he was convicted in Idaho.