People v. Banuelos-Landa

109 P.3d 1039, 2004 Colo. App. LEXIS 2212, 2004 WL 2744583
CourtColorado Court of Appeals
DecidedDecember 2, 2004
Docket03CA0619
StatusPublished
Cited by169 cases

This text of 109 P.3d 1039 (People v. Banuelos-Landa) is published on Counsel Stack Legal Research, covering Colorado Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Banuelos-Landa, 109 P.3d 1039, 2004 Colo. App. LEXIS 2212, 2004 WL 2744583 (Colo. Ct. App. 2004).

Opinion

CARPARELLI, J.

In this consolidated appeal, defendant, Ramiro Banuelos-Landa, appeals a district court order denying two Crim. P. 35(b) motions for reconsideration of his sentence. We dismiss this part of the appeal. Defendant also appeals a second order denying a related Crim. P. 35(e) motion that challenged the authority of the judge who denied the Crim. P. 35(b) motions. We affirm this order.

In case number 01CR425, defendant was found guilty after a jury trial of possession of more than eight grams of marijuana, possession with intent to distribute, and special offender, controlled substance, weapon. He was sentenced to fourteen years in the Department of Corrections (DOC) by Judge H. Jeffrey Bayless.

In a related case, number 01CR424, defendant pled guilty to distribution of a controlled substance and special offender, controlled substance, weapon. There, he was sentenced to a consecutive eight-year term in the DOC by Judge Joseph E. Meyer, III.

After defendant was accepted into the Regimented Inmate Treatment Program (boot camp), he filed a motion for reconsideration of his sentence in each case. At defendant’s request, disposition of the Crim. P. 35(b) motions was continued until he completed boot camp. On January 4, 2002, *1040 Judge Meyer denied both Crim. P. 35(b) motions, finding that “[t]he sentences were appropriate when imposed and remain appropriate.” Defendant appeals this order.

Almost a year later, defendant filed a motion asking for a ruling on his Crim. P. 35(b) motion in case number 01CR425. Judge Gloria Rivera denied the motion for a ruling because Judge Meyer had already denied the Crim. P. 35(b) motion to which it pertained. Defendant does not appeal Judge Rivera’s order.

Defendant later filed a fourth motion, arguing that Judge Meyer could not properly rule on his Crim. P. 35(b) motion in case number 01CR425 because he did not preside at the trial or impose the sentence in that case. Defendant argued that Crim. P. 25 prohibits the substitution of one judge for another without providing justification on the record. Judge Rivera denied the fourth motion and ruled that “[njeither Rule 25, nor any authority of which the Court is aware, precludes one judge from reconsidering the sentence of another judge.” Defendant appeals this order as well.

I.

We reject defendant’s contention that Judge Rivera erred when she determined that, although Judge Meyer had not imposed the sentence in case number 01CR425, it was proper for him to rule on defendant’s Crim. P. 35(b) motion. He argues that Judge Bay-less was required to rule on his Crim. P. 35(b) motion because § 17-27.7-104(2)(a), C.R.S.2004, requires that his motion must be heard by the judge who sentenced him. We disagree.

A.

Defendant was convicted in June 2001 and sentenced by Judge Bayless about six weeks later. When Judge Meyer denied defendant’s Crim. P. 35(b) motion, he was not imposing sentence in the first instance based on evidence presented at a recent trial. Instead, more than six months after trial, Judge Meyer considered whether defendant’s successful completion boot camp warranted a reduction in the sentence.

B.

Crim. P. 35(b) grants district courts authority to consider motions for reduction of sentence. Neither the language of the rule nor any Colorado appellate decision requires that such a motion be considered and resolved by the same judge who imposed sentence.

Although there is no constitutional right to be sentenced by the same judge who presided at trial, Crim. P. 25 provides that any judge regularly sitting in or assigned to a court may perform postverdict duties if the judge before whom the defendant was tried is unable to perform them by reason of absence from the district, death, sickness, or other disability. Crim. P. 25; People v. Koehler, 30 P.3d 694, 696 (Colo.App.2000)(citing United States ex rel. Fields v. Fitzpatrick, 548 F.2d 105 (3d Cir.1977)).

In People v. Little, 813 P.2d 816 (Colo.App.1991), a division of this court concluded that the reason for the substitution should appear in the record and remanded that ease for a statement of the reason why sentence was imposed by a judge who did not preside at the defendant’s trial.

Thus, neither the federal constitution, state constitution, Crim. P. 25, nor People v. Little grants a defendant the right to be sentenced by the same judge who presided at trial. In addition, Crim. P. 35(b) does not grant a defendant the right to have his motion for reduction of sentence resolved by the same judge who first imposed the sentence.

C.

The purposes of the boot camp program in which defendant participated are to benefit the state by reducing prison overcrowding and to benefit prisoners by promoting their personal development and self-discipline. Section 17-27.7-101, C.R.S.2004; Keller v. People, 29 P.3d 290 (Colo.2000).

In furtherance of those purposes, § 17-27.7-104(2)(a) requires that, when an offender successfully completes boot camp, the offender must automatically be referred to “the sentencing court” so that he “may make a *1041 motion for reduction of sentence pursuant to [Crim. P. 35(b) ].”

D.

When interpreting statutes, we must determine and give effect to the intent of the General Assembly. Dworkin, Chambers & Williams, P.C. v. Provo, 81 P.3d 1053 (Colo.2003); Jones v. Indus. Claim Appeals Office, 87 P.3d 259 (Colo.App.2004). We construe the statute as a whole, in an effort to give consistent, harmonious, and sensible effect to all its parts. Davison v. Indus. Claim Appeals Office, 84 P.3d 1023 (Colo.2004). We read words and phrases in context and construe them according to the rules of grammar and common usage. Section 2-4-101, C.R.S.2004; Bralish v. Indus. Claim Appeals Office, 81 P.3d 1091 (Colo.App.2003). We do not depart from the plain meaning of statutory provisions unless it leads to an absurd result. Peregoy v. Indus. Claim Appeals Office, 87 P.3d 261 (Colo.App.2004).

E.

Here, we conclude that Crim. P. 35(b) does not require that a motion for reduction of sentence be considered and resolved by the same judge who imposed sentence.

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Cite This Page — Counsel Stack

Bluebook (online)
109 P.3d 1039, 2004 Colo. App. LEXIS 2212, 2004 WL 2744583, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-banuelos-landa-coloctapp-2004.