McCulley v. Colorado
Annotate this CaseIn 2000, as part of a plea agreement, Brian Keith McCulley pled guilty to one count of second degree sexual assault under section 18-3-403(1)(a), C.R.S. (2000) (a class 4 felony), pursuant to a four-year deferred judgment and sentence. Under the agreement, McCulley also pled guilty to one count of third degree sexual assault in violation of section 18-3-404(1)(c), C.R.S. (2000) (a class 1 misdemeanor). Accepting the plea agreement, the district court entered a judgment of conviction on the misdemeanor and sentenced McCulley to sixty days in jail and two years probation. The only condition of probation was that McCulley comply with the terms of the deferred judgment. As a condition of his deferred judgment, McCulley was required to register as a sex offender, which he did. In 2004, McCulley successfully completed the terms of his deferred judgment and sentence. The district court ordered McCulley’s guilty plea withdrawn and dismissed the felony charge. Thus, only a single judgment of conviction ultimately entered in McCulley’s case—on the misdemeanor. McCulley continued to register as a sex offender. The question in this case is whether a defendant who has successfully completed a deferred judgment nonetheless still “has [a] conviction” for purposes of the bar in section 16-22-113(3)(c), C.R.S. (2019). The Colorado Supreme Court concluded we conclude that a “conviction” for purposes of the bar in section 16-22-113(3)(c) did not include a successfully completed deferred judgment. Because the defendant in this case successfully completed his deferred judgment, he no longer “has more than one conviction” for purposes of section 16-22-113(3)(c) and was therefore eligible to petition the court to discontinue his duty to register. Accordingly, the Supreme Court reversed the court of appeals and remanded for further proceedings consistent.
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