Colorado Motor Vehicle Dealer Board v. Freeman

2016 CO 44, 375 P.3d 111, 2016 WL 3390487
CourtSupreme Court of Colorado
DecidedJune 20, 2016
DocketSupreme Court Case 14SC998
StatusPublished
Cited by2 cases

This text of 2016 CO 44 (Colorado Motor Vehicle Dealer Board v. Freeman) 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
Colorado Motor Vehicle Dealer Board v. Freeman, 2016 CO 44, 375 P.3d 111, 2016 WL 3390487 (Colo. 2016).

Opinion

CHIEF JUSTICE RICE

delivered the Opinion of the Court.

¶ 1 In this case we are asked to decide a straightforward question of statutory interpretation. Jeffrey Freeman was convicted of *112 third degree assault on an at-risk adult. §§ 18-8-204; 18-6.5-108(8)(c), C.R.S8. (2015). Later, when he applied for a motor vehicle salesperson's license, the Colorado Motor Vehicle Dealer Board (the Board) denied his application pursuant to the mandatory disqualification statute, section 12-6-118(7)(a)(I), C.R.S8. (2015). Under the mandatory disqualification statute, a person who has been convicted of a felony "in violation of article 8, 4 or 5 of title 18, C.R.S., or any similar crime" must have his or her application for a license to sell cars denied. Id,

T2 The question is whether Freeman's conviction for the felony offense of third degree assault on an at-risk person was a "felony in violation of article'8" for the purpose of the mandatory disqualification statute, where the elements of the crime are located in section 18-3-204, but the felony enhancement provision resides at section 18-6.5-108@8)(c). 1 Because the felony enhancement for third degree assault does not constitute a separate offense under People v. McKinney, 99 P.3d 1038, 1043 (Colo.2004), we conclude that Freeman was convicted of a felony "in violation of article 8 ... of title 18," and therefore he was ineligible to receive a motor vehicle salesperson's license under section 12-6-118(T)(@)(I). Accordingly, we reverse the court of appeals and remand for further proceedings consistent with this. opigion.

I. Facts and Procedural History

T8 In 2012, Freeman applied to the Board for a motor vehicle salesperson's license. A division of the Board denied his application on five separate grounds, one of which was that Freeman's prior conviction for the crime of third degree assault on an at-risk adult was a mandatory disqualifying offense under section 12-6-118(7)(a)(I). See §§ 18-83-204, 18-6.5-108(8)(c). He appealed the division's decision and received a hearing from the Board. The hearing officer upheld the denial of his license for the sole reason that Freeman's criminal conviction disqualified him. Freeman sought further review and the Board affirmed, holding that Freeman's conviction was a disqualifying offense under seetion 12-6-118(7)(a)(I).

14 Freeman appealed to the court of appeals, and, in a split decision, the court of appeals reversed the Board, holding that Freeman was not convicted of "a felony in violation of article 8, title 18," and that therefore his conviction did not constitute a mandatory disqualifying offense under section 12-6-118(7)(a)(I). Colo. Motor Vehicle Dealer Bd. v. Freeman, 2014 COA 152, ¶¶ 15, 22, - P.3d -. Judge Dunn dissented and argued that third degree assault on an at-risk adult is merely "an enhanced form of third degree assault, not an independent crime," and that therefore Freeman's crime was indeed a felony in violation of article 8, title 18. Id. at ¶¶ 25, 27 (Dunn, J., dissenting).

T5 The Board filed a petition for certiora-ri, which we granted. Freeman, acting pro se, declined to file a brief, and the matter was submitted without oral argument.

II. Standard of Review

16 An appellate court will set aside a decision of a state agency only if the decision is "arbitrary or capricious," violates or is based on an erroneous interpretation of the law, is "an abuse or clearly unwarranted exercise of discretion," or is based upon "clearly erroneous" findings of fact. § 24-4-106(7), C.R.S. (2015); Colo. Dep't of Human Servs. v. Maggard, 248 P.3d 708, 712 (Colo.2011). We review questions of statutory construction de novo. Colo. Dep't of Revenue v. Hibbs, 122 P.3d 999 1002 (Colo. 2005). While we "may defe1 to the agency’s construction of a code, ordinance, or statutory provision| ]," we are "not bound by the agency's construction because the court's review of the applicable law is de novo." Commerce City v. Enclave West, Inc., 185 P.3d 174, 178 (Colo.2008).

*113 III. Analysis

17 The Board argues that the court of appeals should have affirmed the Board's denial of Freeman's application for a license to sell motor vehicles. It contends that the court of appeals' decision (1) conflicts with this court's holding in McKinney, 99 P.3d at 1038, 1041, and (2) runs contrary to the legislative intent behind the mandatory disqualification statute, We agree. Freeman committed assault in the third degree under section 18-8-204. Although the crime was enhanced to a felony under section 18-6.5-1083(8)(c) because it Wasjcormnitted against an at-risk adult, it was nevertheless a "felony in violation of article 8 ... of title 18," § 12-6-118(7)(a)(I), and the Board properly denied Freeman's application for a motor vehicle salesperson's license.

T8 When construing a statuté, we attempt to ascertain and give effect to the intent of the General Assembly. State v. Nieto, 993 P.2d 493, 500 (Colo. 2000). To divine this intent, our first recourse is the plain language of the statute, and we refrain from rendering judgments that are inconsistent with the intent evidenced by such language. See id. In short, when the statutory language is clear and unambiguous, we look no further and apply the words as written. People v. Zapotocky, 869 P.2d 1234, 1238 (Colo.1994).

T9 The State of Colorado regulates the sale and distribution of motor vehicles. In its legislative declaration, the General Assembly noted that "the trust and confidence of the purchaser in the retail dealer" is of utmost importance in a motor vehicle transaction, § 12-6-101(1)(a), C.R.S8. (2015), As a result, the General Assembly declared that the licensing and supervision of motor vehicle salespersons is "necessary for the protection of consumers" and the sale of motor vehicles by unlicensed or 'unfit salespersons "should be prevented." § 12-6-101(1)(c). Accordingly, the General Assembly created the Motor Vehicle Dealer Board and authorized it to administer, enforce, issue, and deny licenses to motor vehicle dealers and salespersons, § 12-6-104(8)(a), C.R.S8. (2015).

110 Section 12-6-118 provides the grounds for the denial, suspension, or revocation of a motor vehicle salesperson's Heense. Subsection (7)(a) specifies that an application for a license

shall be ... denied if the ... applicant has been convicted of or pleaded no contest to any of the following offenses in this state or any other jurisdiction during the previous ten years: | .
(I) A felony in violation of article 8, 4, or 5 of title 18, C.R.S., or any similar crime under federal law or the law of any other . state.

§ 12-6-118(7)(a).

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2016 CO 44, 375 P.3d 111, 2016 WL 3390487, Counsel Stack Legal Research, https://law.counselstack.com/opinion/colorado-motor-vehicle-dealer-board-v-freeman-colo-2016.