People v. Meidinger

987 P.2d 937, 1999 Colo. J. C.A.R. 4851, 1999 Colo. App. LEXIS 231, 1999 WL 626788
CourtColorado Court of Appeals
DecidedAugust 19, 1999
Docket98CA0923
StatusPublished
Cited by4 cases

This text of 987 P.2d 937 (People v. Meidinger) is published on Counsel Stack Legal Research, covering Colorado Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Meidinger, 987 P.2d 937, 1999 Colo. J. C.A.R. 4851, 1999 Colo. App. LEXIS 231, 1999 WL 626788 (Colo. Ct. App. 1999).

Opinions

Opinion by

Judge METZGER.

Defendant, Dehonna Christine Meidinger, appeals the conditions of the sentence to probation she received after her entry of a guilty plea to one count of contributing to the delinquency of a minor. She also appeals the imposition of a sex offender surcharge. We vacate the sentence and remand the cause for further proceedings.

Defendant operated a prostitution enterprise. The charges filed in this ease resulted from two incidents in which defendant had arranged for her 16-year-old sister to engage in acts of prostitution. Defendant was charged with two counts each of patron[938]*938izing a prostituted child, pimping, soliciting for child prostitution, pandering of a child, procurement of a child, inducement of child prostitution, and one count each of contributing to the delinquency of a minor,' prostitution, and soliciting for prostitution. An additional count of contributing to the delinquency of a minor was later added to the information.

Pursuant to a plea agreement, defendant pled guilty to one count of contributing to the delinquency of a minor. The remaining charges were dismissed.

Thereafter, the trial court sentenced defendant to two years probation, with the additional conditions that she submit to a mental health evaluation, maintain gainful employment, comply with all sex offender conditions, and register as a sex offender. The court also imposed a sex offender surcharge and ordered that defendant have no contact with children under the age of 18. This appeal followed.

I.

Defendant first contends the trial court erred' in determining that she was a sex offender. Specifically, she argues, because the offense to which she pled guilty, contributing to the delinquency of a minor, is not an enumerated sex offense, she is not a “sex offender” and should not have been required to register as such. We agree with the premise of her argument but reject the conclusion.

Section 16-11.7-102(8), C.R.S.1998, defines various offenses as being sex offenses. Since contributing to the delinquency of a minor is not so defined, it is not a sex offense. Nevertheless, we hold that defendant is a sex offender.

Section 16-11.7-102(2), C.R.S.1998, provides:

‘Sex offender’ means any person who is convicted in the state of Colorado ... of any sex offense as defined in subsection (3) of this section, or of any criminal offense, if such person has previously been convicted of a sex offense ... in the state of Colorado, or if such person has previously been convicted in any other jurisdiction of any offense which would constitute a sex offense ... or if such person has a history of any sex offenses as defined in subsection (3) of this section ....' (emphasis added)

The General Assembly did not define the term “history” as used in § 16-11.7-102(2); hence, we must ascertain its meaning. In doing so, we must construe the statute in a manner that is consistent with the legislature’s intent. People v. Davis, 794 P.2d 159 (Colo.1990). Also, if statutory language is ambiguous, we may consider the legislative history. People v. Legler, 969 P.2d 691 (Colo.1998).

The term “history” is ambiguous. It could refer, as defendant argues, to convictions for one or more of the enumerated sex offenses. We reject this restrictive interpretation since it would render superfluous the first portion of § 16-11.7-102(2), which defines a sex offender as one who was convicted of an enumerated sex offense.

Instead, we agree with the People’s assertion that “history” can include the underlying circumstances of the offense.

The legislative history of the statute supports this interpretation. Before enacting § 16-11.7-101, et seq., C.R.S.1998, which establishes a system for standardized evaluation and treatment programs for sex offenders, extensive hearings were held. In addressing the definitional provisions of the proposal, William Woodward, then Director of the Division of Criminal Justice, explained:

[Tjhat is why there [is] such a broad definition of sex offender, that is, a person currently charged with a sex offense or a person currently charged with a trespass, but when you read the arrest report it is clear the person attempted a sexual assault on someone in the house but didn’t get charged with that or it is someone who has a history of sex offending in the past and this time was picked up on burglary or robbery.

Hearings on H.B. 1021 before the House Judiciary Committee, 58th General Assembly, Second Session (January 14,1992).

[939]*939This use of the term “history” has been employed in other, similar contexts. For example, in People v. Duran, 188 Colo. 207, 533 P.2d 1116 (1975) and People v. Madril, 746 P.2d 1329 (Colo.1987), the supreme court approved the trial court’s consideration of the defendant’s societal and criminal history in sentencing. And, in Logan v. People ex rel. Alamosa County, 138 Colo. 304, 308, 332 P.2d 897, 899 (1958), the court said:

The crime committed viewed in its setting; the nature and circumstances of the offense, particularly as they furnish a clue to the personality of the offender; whether the offense was violent or nonviolent; and the motives actuating the defendant in committing the offense, are components which the trial court will evaluate when considering the offense as a factor in the question of granting probation.

Thus, the reference to “history” in § 16-11.7-102(2) is consistent with previous interpretations of that term.

Consequently, it is clear to us that the General Assembly intended “history of sex offenses” to include conduct encompassed in the facts and circumstances of the offense.

Here, we conclude that the defendant had engaged in: (1) soliciting for child prostitution; (2) pandering of a child; (3) procurement of a child for sexual exploitation; and (4)inducement of child prostitution. These offenses are all enumerated sex offenses under § 16-11.7-102(3). Therefore, since defendant had a history of enumerated sex offenses, she could properly be characterized under § 16-11.7-102(2) as a “sex offender” and, thus, could be ordered by the court to undergo evaluation and treatment as such. See also Miyasato v. State, 892 P.2d 200 (Alaska Ct.App.1995)(burglary defendant with past record of sex offenses properly required to undergo sex offender treatment as condition of probation); State v. Shepherd, 554 N.W.2d 821 (N.D.1996)(burglary defendant required to undergo sex offender treatment where that condition was reasonably related to the underlying circumstances of crime).

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People v. Meidinger
987 P.2d 937 (Colorado Court of Appeals, 1999)

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Bluebook (online)
987 P.2d 937, 1999 Colo. J. C.A.R. 4851, 1999 Colo. App. LEXIS 231, 1999 WL 626788, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-meidinger-coloctapp-1999.