In 1983, Guerrero pleaded guilty to two counts of rape in the first degree and one count of assault in the second degree. Guerrero was sentenced in February 1984 by the Honorable James McCutcheon. The judgment and sentence was signed by Judge McCutcheon, defense attorney Wes Hohlbein, and Deputy Prosecuting Attorney (DPA) Jeff Baird. Guerrero was granted a 10 year deferred sentence.
Guerrero complied with the conditions of his deferred sentence, and his supervision by the Department of Corrections was terminated on March 18, 1994. In 2004, however, Guerrero was charged with failing to register as a sex offender. Although Guerrero was acquitted of this charge,1 his offender level was changed, he lost his job, and he subsequently encountered significant difficulties obtaining new employment.
Guerrero thereafter petitioned the sentencing court for an order dismissing the 1983 charges and for relief from the requirement that he register as a sex offender. Guerrero argued that the 1994 order terminating supervision by the Department of Corrections effectively operated as an order of dismissal. The State opposed Guerrero's petition.