Marquez v. People

311 P.3d 265, 2013 WL 5309235
Supreme Court of Colorado·Decided September 23, 2013·No. Supreme Court Case No. 118C55·Published·Cited by 20 cases

Opinions

JUSTICE COATS

delivered the Opinion of the Court.

T1 Marquez sought review of the court of appeals' judgment in People v. Marquez, No. 08CA2326, 2010 WL 5490008 (Colo.App. Dec. 23, 2010) (not published pursuant to C.A.R. 35(f)), which affirmed the district court's imposition of consecutive sentences for two crime-of-violence convictions. Finding that both crimes of violence arose out of the same incident, the district court concluded that despite its inclination to do otherwise, it was statutorily required to order the defendant's two crime-of-violence sentences to be served consecutively, and the court of appeals affirmed.

T2 Because the phrase "arising out of the same incident," as that phrase appears in section 18-1.83-406, C.R.S. (2013), is a reference to, and has the same meaning as, the phrase "arising from the same criminal episode," in section 18-1-408(2), C.R.S. (2013), and because the record in this case establishes that the crimes of violence of which Marquez was convicted were not "based on the same act or series of acts arising from the same criminal episode," as we have previously construed that language in the latter statute, the district court was not required to impose consecutive sentences. Rather, it was not only permitted but in fact required to exercise its discretion concerning the imposition of consecutive or concurrent sentences. The judgment of the court of appeals is therefore reversed, and the case is remanded with directions to return the matter to the district court for resentencing.

1.

T3 Christopher Brian Marquez was convicted at a single trial of attempted aggravated robbery, a statutorily designated crime of violence; second degree assault, found by the jury to have been committed as a crime of violence under the circumstances of this case; and two counts of felony menacing. Mar[267] quez was also found to be an habitual erimi-nal requiring sentences to triple the maximum of the presumptive range for each of his crimes. The district court sentenced Marquez to concurrent terms of imprisonment for his felony menacing convictions, which it also ordered to be served concurrently with his crime-of-violence sentences, but it ordered the defendant's two crime-of-violence sentences to be served consecutively. After concluding that both crimes of violence were committed as part of a single "crime spree," the district court felt compelled by the statutory provisions governing habitual criminals and multiple crimes of violence arising out of the same incident to impose consecutive 48-year sentences.

T 4 There was evidence at trial from which the trier of fact could conclude that on April 21, 2007, about ten minutes after midnight, the defendant approached a man in the restroom of a bar and demanded money or drugs from him. When the man refused, the defendant struck the man in the mouth, breaking his jaw. Within the next forty minutes, approximately two blocks away, the defendant robbed, at gunpoint, a second man of his shoes and cell phone and fled the scene in a van.1 Some eight hours later and about ten blocks away, the defendant then knocked on a house door and accosted the homeowner with a gun. Finally, after about three more hours and several more blocks away, the defendant entered a home that was under renovation and attempted to rob the man working inside at gunpoint.2

I 5 Marquez raised a number of challenges to his sentence, all of which were rejected by the intermediate appellate court. We granted his petition for a writ of certiorari solely to consider whether the district court erred in concluding that it lacked the discretion to impose concurrent sentences for his two crime-of-violence convictions.

IL.

16 We have long held that in the absence of legislation to the contrary, sentencing courts in this jurisdiction have the inherent power to order sentences for different convictions to be served either consecutively or concurrently. See Qureshi v. Dist. Court, 727 P.2d 45, 46-47 (Colo.1986); see also People v. Self. 200 Colo. 406, 408, 615 P.2d 693, 695 (1980) (citing to ABA Standards Relating to Sentencing Alternatives and Procedures). The district court below made clear that it considered its discretion in this regard to be restricted by a provision of section 18-1.3-406(1)(a) of the revised statutes, added in 1985 as part of a broader sentencing Act, which effectively doubled allowable felony sentences and increased terms of parole. See House Bill 85-1820, 1985 Colo. Sess. Laws 647. The provision in question mandated that a "person convicted of two separate crimes of violence arising out of the same incident shall be sentenced for such erimes so that sentences are served consecutively rather than concurrently." Id. (codified at section 16-11-3809, C.R.S. (1985)). The particular statutory language at issue has remained unaltered, but for a 1988 amendment expanding the statute's consecutive sentence mandate for "two separate crimes of violence" to include "two or more separate crimes of violence," House Bill 88-148, 1988 Colo. Sess. Laws 679; see also Robles v. People, 811 P.2d 804 (Colo.1991), and the general reorganization and renumbering of the jurisdiction's sentencing provisions in 2002, House Bill 02-1046, 2002 Colo. Sess. Laws 1865, 1403 (recodified at section 18-1.3-406, C.R.S. (2013)).

17 Precisely what constitutes a single "incident" and precisely when two or more crimes of violence must be considered to have arisen out of the same incident are therefore first and foremost matters of statutory interpretation. As we have often indi-

[268] cated, a statute must be interpreted according to the legislative intent expressed in the language actually chosen by the legislature. See Dep't of Transp. v. Gypsum Ranch Co., 244 P.3d 127, 131 (Colo.2010). Should that language admit of more than one reasonable understanding, it is considered to be ambiguous. Id. In that event, a number of intrinsic and extrinsic aids to construction have developed to assist in resolving the ambiguity and determining which of the various reasonable interpretations is the appropriate one. Id.

Free access — add to your briefcase to read the full text and ask questions with AI

Marquez v. People, 311 P.3d 265, 2013 WL 5309235 (Colo. 2013).

311 P.3d 265 (Marquez v. People) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

v. Espinoza
2020 CO 43 (Supreme Court of Colorado, 2020)
Ybarra v. Greenberg & Sada, P.C.
2018 CO 81 (Supreme Court of Colorado, 2018)
Castillo v. People
2018 CO 62 (Supreme Court of Colorado, 2018)
People v. Opana
2017 CO 56 (Supreme Court of Colorado, 2017)
City and County of Denver v. Expedia, Inc
2017 CO 32 (Supreme Court of Colorado, 2017)
People v. Patton
425 P.3d 1152 (Colorado Court of Appeals, 2016)
Schneider v. People
2016 CO 70 (Supreme Court of Colorado, 2016)
People v. Stellabotte
2016 COA 106 (Colorado Court of Appeals, 2016)
Lewis v. Taylor
2016 CO 48 (Supreme Court of Colorado, 2016)
People v. Diaz
2015 CO 28 (Supreme Court of Colorado, 2015)
Benefield v. Colorado Republican Party
2014 CO 57 (Supreme Court of Colorado, 2014)
People v. Cardenas
2014 COA 35 (Colorado Court of Appeals, 2014)