Gelfand v. People

586 P.2d 1331, 196 Colo. 487, 1978 Colo. LEXIS 788
CourtSupreme Court of Colorado
DecidedNovember 27, 1978
DocketC-1470
StatusPublished
Cited by26 cases

This text of 586 P.2d 1331 (Gelfand 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
Gelfand v. People, 586 P.2d 1331, 196 Colo. 487, 1978 Colo. LEXIS 788 (Colo. 1978).

Opinions

MR. JUSTICE CARRIGAN

delivered the opinion of the Court.

The defendant Gelfand was convicted by a jury of theft in violation of section 18-4-401, C.R.S. 1973. The court of appeals affirmed the conviction and we granted certiorari. Here the defendant seeks reversal on the grounds: (1) that she was denied a speedy trial, and (2) that the trial court erred in admitting, as part of the prosecution’s case-in-chief, incriminating statements she had made to a probation officer in the course of plea negotiations. We reject the defendant’s speedy trial contentions. However, we hold that the trial court improperly admitted her incriminating statements made during plea negotiations, and therefore she is entitled to a new trial.

I.

We first address the assertion that the defendant was denied her constitutional right to a speedy trial. Discounting excludable delays attributable to the defendant, she was tried within the prescribed six months after entering her not guilty plea. Section 18-1-405, C.R.S. 1973; Crim. P. 48(b). Nevertheless she is not precluded from asserting her constitutional right to a speedy trial simply because the trial was held within the required six months period. U.S. Const. Amend. VI; Klopfer v. North Carolina, 386 U.S. 213, 87 S.Ct. 988, 18 L.Ed.2d 1 (1967) (applying federal constitutional speedy trial requirement to states); Colo. Const. Art. II, Sec. 16. The defendant, however, has the burden of proving that her constitutional speedy trial right has been denied. Ziatz v. People, 171 Colo. 58, 465 P.2d 406 (1970); Casias v. People, 160 Colo. 152, 415 P.2d 344 (1966).

The circumstances of each case must be examined to determine whether a speedy trial has been afforded. Medina v. People, 154 Colo. 4, 387 P.2d 733 (1963). In making this determination the court must consider the length of the pretrial delay, the reasons for it, whether the defendant has demanded a speedy trial, and whether any prejudice actually resulted to the defendant. Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972); Potter v. District Court, 186 Colo. 1, 525 P.2d 429 (1974); People v. Spencer, 182 Colo. 189, 512 P.2d 260 (1973). None of those four factors is indispensable to a finding that speedy trial has been denied. Nor is any one of them ipso facto sufficient to require [490]*490such a finding. Rather all are interrelated and must be considered together with any other relevant circumstances. Constitutional speedy trial cases must be decided on an ad hoc basis applying a balancing test which considers the conduct of both the prosecution and the defendant. Barker v. Wingo, supra.

Although the defendant made timely objections to prosecution continuances and moved for dismissal prior to commencement of trial, the record reflects that she either requested or agreed to many of the delays. The continuances requested by the prosecution were justified, for the prosecution’s chief witness was hospitalized and too ill to bear the stress of testifying.1

The defendant argues that she was unfairly prejudiced because, after the trial date originally set, the court allowed the prosecution to endorse additional witnesses and to obtain an exemplar of her handwriting. While it is no doubt true that this additional evidence “prejudiced” the defendant’s case, it did so only in the sense that all prosecution evidence indicating guilt is unfavorable to a defendant.2 She has failed to show, however, that the delay was unfairly sought or was employed to deny her a fair trial. See Ziatz v. People, supra.

Our review of the record and the circumstances of the case in light of the balancing test prescribed by Barker v. Wingo, supra, leads us to conclude that the defendant was not denied her constitutional right to a speedy trial.

II.

Upon the advice of counsel, the defendant entered into plea negotiations and applied for disposition of her case by deferred sentencing pursuant to section 16-7-403, C.R.S. 1973 (1977 Supp.). A policy of the Weld County district attorney required that every defendant who sought deferred sentencing be interviewed and evaluated by the probation department. During Gelfand’s interview, she made statements to the probation officer which implicated her in the crime.

Before a plea agreement was formally concluded, the defendant withdrew from the negotiations and entered a not guilty plea. At trial the probation officer was called as a witness in the prosecution’s case-in-chief, and testified over objection to the substance of the defendant’s incriminating statements.

[491]*491The defendant here maintains that it was error to allow the prosecution to use her statements against her as substantive proof of guilt. We agree with her contention.

In view of the general public policy to encourage the efficient and economical administration of criminal justice, plea negotiations for the purpose of reaching plea agreements have become accepted as a legitimate means of promptly and fairly settling criminal cases. People v. White, 182 Colo. 417, 514 P.2d 69 (1973); Sections 16-7-301 through 303, C.R.S. 1973 (1977 Supp.);3 A.B.A. Standards Relating to Pleas of Guilty §3.1. See also Bordenkircher v. Hayes, 434 U.S. 357, 98 S.Ct. 663, 54 L.Ed.2d 604 (1978). Plea compromises eliminate the need for expensive and time-consuming public trials in many cases. The defendant by a guilty plea aids in ensuring the prompt and certain application of correctional measures and, by removing his or her case from the court’s backlog, helps to avoid delay in disposing of other cases. A.B.A. Standards Relating to Pleas of Guilty §1.8.

If the effectiveness and integrity of the plea bargaining process are to be preserved, admissions or confessions made in connection with plea offers and negotiations must not be admitted as independent substantive evidence of guilt.4 The defendant should not be penalized for cooperating with the prosecution by engaging in an approved plea negotiation process which is consistent with the objectives of the criminal justice system.

[492]*492Here the defendant’s statements were made for the narrowly limited purpose of assisting the district attorney and the court in determining whether she was an appropriate candidate for deferred sentencing. The probation department interview at which the statements were elicited was not requested by the defendant but was required by the prosecutor as a precondition to the defendant’s being considered for deferred sentencing.

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Gelfand v. People
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Cite This Page — Counsel Stack

Bluebook (online)
586 P.2d 1331, 196 Colo. 487, 1978 Colo. LEXIS 788, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gelfand-v-people-colo-1978.