The Appellate Group

State v. Salazar-Lopez

State v. Salazar-Lopez, 2024 UT App 61 (Luthy, J.)

Criminal/Statutory Interpretation

Defendant pleaded guilty to multiple sexual offenses against a child, offenses he committed when he was still a minor. As part of the sentence, the district court ordered Defendant to comply with Group A sex offender conditions. Defendant objected to the conditions, but the district court did not remove them. Defendant appealed. The Utah Court of Appeals reversed in part and affirmed in part, holding:

  • The district court did not err in imposing all but one of the conditions. It reversed the inclusion of one condition related to providing a DNA specimen. 
  • Practice tip: Group A sex offender conditions generally do not amount to registration requirements described in Title 77, Chapter 41, but the language about DNA specimens does.
  • Practice tip: A party may not supplement the record on appeal by simply including the omitted material in the addendum. Utah R. App. P. 11(f).

Read the full court opinion