Chavez v. People

2015 CO 62, 359 P.3d 1040, 2015 WL 6655546
CourtSupreme Court of Colorado
DecidedNovember 2, 2015
DocketSupreme Court Case 13SC712
StatusPublished
Cited by14 cases

This text of 2015 CO 62 (Chavez v. People) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chavez v. People, 2015 CO 62, 359 P.3d 1040, 2015 WL 6655546 (Colo. 2015).

Opinion

JUSTICE HOOD

delivered the Opinion of the Court.

T1 Petitioner Anthony James Chavez was convicted of a sex offense, and the trial court imposed an indeterminate, fifteen-year-to-life sentence. Chavez challenges the legality of this sentence, alleging that the trial court did not understand the range of its sentencing options. He argues the prosecution was wrong in representing to the trial court that he had to serve at least eight years in prison. In fact, Chavez argues, he was eligible for probation. He asks that we reverse the judgment of the court of appeals upholding his sentence, see People v. Chaves, No. 10CA1530, 2013 WL 83778925 (Colo.App. July. 11, 2013), and remand his case for resentenc-ing. Because we conclude that Chavez received a legal sentence, we must decline his request.

[2 Consistent with our recent decision in People v. Hunsaker, 2015 CO 46, 351 P.3d 388, we hold that where a defendant is convicted of a sex offense that is also a crime of violence he must be sentenced to an indeterminate sentence of incarceration with a minimum term in the enhanced, erime-of-violence range. Thus, the trial court was required to sentence Chavez to a minimum term of between eight and twenty-four years and a maximum term of his life, Chavez's sentence satisfies those requirements, We therefore affirm the judgment of the equrt of appeals.

I. Facts and Procedural History

13 After accepting a jury's verdict that Anthony Chavez sexually assaulted a child while: in a position of trust as part of a pattern of abuse, the trial court held a sentencing hearing. The People argued the court was required to impose an indeterminate sentence with a minimum term of between eight and twenty-four years in prison but offered no specific recommendation within that range. Chavez's counsel seemed to agree that an indeterminate sentence was required and at times also seemed to accept the minimum term window defined by the prosecution. At other times, Chavez's counsel claimed that the minimum sentence might be as low as four years. He asked the court to consider that sentence to the extent it was available. The trial court announced that the minimum sentence was inappropriate in this case, but the record does not reveal what the trial court understood the boundaries of its sentencing discretion to be. The court sentenced Chavez to an indeterminate sentence of fifteen years to life.

T4 Chavez appealed, alleging he was subject to an indeterminate sentence but arguing the minimum term was four years, not eight, The heightened, eight-year range applies to crimes of violence, but he argued his offense did not qualify for that enhancement. Moreover, Chavez argued his ineligibility for the crime-of-violence enhancement preserved his eligibility for probation, something the trial court never considered. Chavez argued he should be resentenced so the trial court could impose a legally appropriate sentence with a full understanding of its options.

15 A division of the court of appeals affirmed his sentence. It disagreed with Chavez regarding what counts as a erime of violence and concluded that Chavez's offense qualified. Chavez was thus ineligible for probation and subject to a sentence of at least eight years: The court determined that, even if the trial court mistakenly be-HKeved it had the power to impose a lesser sentence, such an error only could have benefited Chavez,. Reversal was therefore un-, warranted.

T6 We granted Chavez's petition for cer-tiorariJ. 1

*1042 II. Standard of Review

T7 The seope of a sentencing law presents an issue of statutory interpretation. We review such questions of law de novo. See People v. Simon, 266 P.3d 1099, 1106 (Colo.2011); see also Vensor v. People, 151 P.3d 1274, 1275 (Colo.2007) ("The goal of any interpretation of a sentencing statute must be to discover and effect the legislative intent.").

IIL - Analysis

18 We begin with a general discussion of Colorado sentencing law, paying particular attention to the statutory provisions governing sex offenses and crimes of violence. We then apply these provisions and conclude they converge here to require an enhanced, indeterminate sentence of incarceration.

A. - Colorado Sentencing Law

T9 Colorado divides felonies into six classes, with class one being more serious than class two, and so on. See § 18-1.8-401(1)(a)(V)(A), CRS. (2015). Each class has a presumptive sentencing range. For example, the presumptive range for a class three felony runs from four to twelve years. Id. If a court sentences a defendant to prison, it typically does so by selecting a definite number of years within the presumptive range. In extraordinary cases, courts have leeway to depart upward to twice the presumptive maximum or downward to half the presumptive minimum. See § 18-1.3-401(6).

1. Sex Offenses

10 Those convicted of a sex offense, who committed their crimes after November 1, 1998, are subject to the Colorado Sex Offender Lifetime Supervision Act ("LSA"). See §§ 18-1.3-1001 to -1012, The LSA authorizes lifetime treatment and supervision of felony sex offenders. See § 18-1.3-1001, Courts must sentence violent sex offenders to the custody of the Department of Corree-tions for an indeterminate term, see § 18-1.3-1004(1), but some non-violent sex offenders are eligible for probation, see §§ 18-1.3-1004(2), -1007. See generally Vensor, 151 P.3d at 1276-77 (discussing the LSA's effects on the prior sentencing system).

' 11 An indeterminate sentence has a minimum term and a maximum term. The minimum term is a specific number of years selected by the sentencing court from an applicable range. § 18-1.83-1004. The maximum term is the offender's natural life. Id. Thus, a court imposing an indeterminate sentence will arrive at a sentence of some minimum number of years to life. After the minimum term is served, release depends not on the passage of time but on the offender's rehabilitation and whether he constitutes a continuing threat to society. See §§ 18-1.3-1006, -1009 (establishing procedures and eri-teria for release).

2. Crimes of Violence

112 Crimes of violence form another category of offenses. There is a statutory definition of "erime of violence" that involves specified offenses with aggravating facts. See § 18-1.8-406(2). These crimes are "defined" crimes of violence. Other crimes are treated as crimes of violence even though they do not meet the statutory definition. These "per se" crimes of violence have been designated by the legislature in certain statutes defining offenses. See Terry v. People, 977 P.2d 145, 149 (Colo.1999) (Terry II) (citing People v. Terry, 791 P.2d 374 (Colo.1990) (Terry I)) (identifying per se crimes of violence as those where the legislature requires a court to sentence a defendant "in accordance with" the crime of violence statute); see also Hunsaker, ¶¶ 14, 18 n.2 (citing People v. Banks, 9 P.3d 1125, 1130 (Colo.2000)).

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Chavez v. People
2015 CO 62 (Supreme Court of Colorado, 2015)

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2015 CO 62, 359 P.3d 1040, 2015 WL 6655546, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chavez-v-people-colo-2015.