Cristian Joseph Ross was sentenced to prison after pleading guilty to aggravated assault committed with sexual motivation. He was also required to register as a sex offender upon his release, an order which is the subject of a recent decision by the Arizona Court of Appeals.
Ross, now 26, was arrested in June 2019 for an incident in Douglas during which he allegedly restrained a woman, then videotaped himself committing a sexual assault. He avoided trial by entering into a plea agreement in 2020 that called for a one-year prison sentence.
At sentencing, Ross’ attorney argued the judge had authority to override the suggested Level 2 sex offender classification proposed by a probation officer. A Level 1 is the lowest risk classification, while a Level 3 represents the highest community risk.
That level, based on the Arizona Sex Offender Assessment Screening Profile and Regulatory Community Notification, limits where sex offenders can live, work, and seek education. A Level 2 also requires certain community notifications related to the sex offender.
At sentencing, Ross asked the judge to conduct an evidentiary hearing to determine if his rights were violated by the suggested level. However, the judge noted Ross would not be formally categorized until his release from prison, despite any prior probation suggestion.
The judge also ruled it was not within the power of the Court or the State to determine someone’s sex offender level. Ross then filed a petition for post-conviction relief, arguing the sentencing judge should have standing to provide input on Ross’ level, a position again rejected by the judge.
Ross’ petition was also unanimously rejected by a three-judge appellate panel on Feb. 7.
“As the state points out in its response to the petition for review, not only does local law enforcement determine the level for registration purposes, but that entity may change the initial assessment made at the time of sentencing once the defendant is released, as well as each time the defendant relocates, based on local community standards,” the appellate decision states.
Court records show Ross was released from prison in November 2021 after completing his sentence. He is currently registered as a Class 2 offender, according to the Arizona Department of Public Safety website.
The court of appeals did note that any challenge to Ross’s registration level needs to be addressed with the local law enforcement agency responsible for setting the classification, even though the court could find no provision in state law for such a challenge.
“Alternatively, Ross’s argument may be better directed to the legislature,” Vice Chief Judge Christopher Staring wrote in the appellate decision.
MORE ABOUT THE CHARGES AGAINST ROSS:HERE
