People v. District Court, Second Judicial District

713 P.2d 918, 1986 Colo. LEXIS 501
CourtSupreme Court of Colorado
DecidedJanuary 31, 1986
DocketNo. 84SA438
StatusPublished
Cited by456 cases

This text of 713 P.2d 918 (People v. District Court, Second Judicial District) 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
People v. District Court, Second Judicial District, 713 P.2d 918, 1986 Colo. LEXIS 501 (Colo. 1986).

Opinion

NEIGHBORS, Justice.

The People filed this original proceeding under C.A.R. 21 for relief in the nature of mandamus. They assert that the respondent judge’s imposition of a sentence within the presumptive range contravenes section 18-l-105(9)(a)(IV), 8 C.R.S. (1985 Supp.), which requires that the defendant be sentenced within the aggravated range. We issued a rule to show cause and now make the rule absolute.

I.

Defendant Albert Van Matthews was charged in April 1984 with aggravated robbery 1 and mandatory sentence for violent crime.2 Pursuant to a plea agreement, the defendant pleaded guilty to the aggravated robbery charge and the mandatory sentence for violent crime count was dismissed. As part of the plea bargain, the district attorney agreed not to object to a sentence running concurrently with the sentence to be imposed upon the defendant for attempted second-degree burglary,3 a felony charge filed as the result of an earlier criminal episode. At the time the robbery was committed the defendant was on bond for the attempted burglary.

The respondent judge, over the prosecutor’s objection, imposed a five-year sentence upon the defendant for the aggravated robbery. That sentence is within the presumptive range for class 3 felonies, such as aggravated robbery.4 The trial judge, although cognizant of the statutory provisions requiring a sentence within the aggravated range,5 found that the extraordinary mitigating factors present in the defendant’s case offset the extraordinary aggravating circumstance, thereby permitting imposition of a sentence within the presumptive range.

II.

Section 18-l-105(9)(a)(IV), 8 C.R.S. (1985 Supp.), provides as follows:

(9)(a) The presence of any one or more of the following extraordinary aggravating circumstances shall require the court, if it sentences the defendant to incarceration, to sentence the defendant to a term greater than the maximum in the presumptive range, but not more than twice the maximum term authorized in the presumptive range for the punishment of a felony:
(IV) The defendant was charged with or was on bond for a previous felony at the time of the commission of the felony, for which previous felony the defendant was subsequently convicted.

The People contend that the plain statutory language constitutes a legislative mandate requiring the respondent judge to sentence the defendant to a term of incarceration greater than the maximum presumptive term, due to the existence of the extraordinary aggravating circumstance enumerated in section 18-l-105(9)(a)(IV). They argue that section 18-l-105(9)(a) does not authorize a sentencing court to avoid the requirements of that section by a consideration of mitigating factors.

The respondent judge cites section 18-1-105(6), 8 C.R.S. (1985 Supp.), in support of his position that a sentence within the presumptive range was permissible. Section 18-1-105(6) states in pertinent part:

If the court finds ... extraordinary mitigating or aggravating circumstances, it may impose a sentence which is lesser or greater than the presumptive range.

The respondent, noting that section 18-1-105 does not precisely articulate the sentencing authority of a trial court when both [921]*921mitigating and aggravating circumstances are present, suggests that section 18-1-105(6) allows extraordinary mitigating and aggravating factors to offset each other and thereby permits a sentence within the presumptive range.

Our primary task in construing a statute is to ascertain and give effect to the intent of the General Assembly. E.g., Engelbrecht v. Hartford Accident & Indemnity Co., 680 P.2d 231 (Colo.1984); ITT Diversified Credit Corp. v. Couch, 669 P.2d 1355 (Colo.1983). Constructions which defeat the obvious legislative intent should be avoided. E.g., Tacorante v. People, 624 P.2d 1324 (Colo. 1981); People v. Meyers, 182 Colo. 21, 510 P.2d 430 (1973). To discern that intent, a court should look first to the language of the statute. Colorado Public Interest Research Group, Inc. v. Train, 507 F.2d 743 (10th Cir.1974), cert, granted, 421 U.S. 998, 95 S.Ct. 2393, 44 L.Ed.2d 664 (1975), rev’d on other grounds, 426 U.S. 1, 96 S.Ct. 1938, 48 L.Ed.2d 434 (1976); People ex. rel. Dunbar v. Trinidad State Junior College, 184 Colo. 305, 520 P.2d 736 (1974). Words and phrases should be given effect according to their plain and ordinary meaning. E.g., Engelbrecht, 680 P.2d at 223; People v. Lewis, 680 P.2d 226 (Colo.1984). If the language is clear and the intent appears with reasonable certainty, there is no need to resort to other rules of statutory construction. Train, 507 F.2d at 746; see Crestview Water & Sanitation District v. Board of Directors of Metropolitan Denver Sewage Disposal District No. 1, 640 P.2d 265 (Colo.App.1981).

To reasonably effectuate the legislative intent, a statute must be read and considered as a whole. E.g., R & F Enterprises, Inc. v. Board of County Commissioners of Adams County, 199 Colo. 137, 606 P.2d 64 (1980); Public Employees’ Retirement Association v. Greene, 195 Colo. 575, 580 P.2d 385 (1978). Where possible, the statute should be interpreted so as to give consistent, harmonious, and sensible effect to all its parts. Massey v. District Court, 180 Colo. 359, 506 P.2d 128 (1973); see Travelers Indemnity Co. v. Barnes, 191 Colo. 278, 552 P.2d 300 (1976). If separate clauses within a statute may be reconciled by one construction but would conflict under a different interpretation, the construction which results in harmony rather than inconsistency should be adopted. Alpert Corp. v. State Department of Highways, 199 Colo. 4, 603 P.2d 944 (1979); Mooney v. Kuiper, 194 Colo. 477, 573 P.2d 538

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Bluebook (online)
713 P.2d 918, 1986 Colo. LEXIS 501, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-district-court-second-judicial-district-colo-1986.