People v. Evans

971 P.2d 229, 1998 Colo. J. C.A.R. 589, 1998 Colo. App. LEXIS 23, 1998 WL 45197
CourtColorado Court of Appeals
DecidedFebruary 5, 1998
DocketNo. 96CA1541
StatusPublished
Cited by4 cases

This text of 971 P.2d 229 (People v. Evans) 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. Evans, 971 P.2d 229, 1998 Colo. J. C.A.R. 589, 1998 Colo. App. LEXIS 23, 1998 WL 45197 (Colo. Ct. App. 1998).

Opinion

Opinion by

Judge ROY.

The People appeal from the trial court’s judgment dismissing the charges against the defendant, Elton Eugene Evans, based on his not having been brought to trial within the limitation period specified in the Interstate Agreement on Detainers Act (IAD), § 24-60-501, et seq., C.R.S.1997. We reverse the dismissal and remand with directions to reinstate the charges.

In May 1993, defendant was charged in Arapahoe County with unlawful possession of a controlled substance, possession with the intent to distribute marihuana, conspiracy to commit unlawful distribution of marihuana, possession of cocaine, and a special offender count based on his possession of a deadly weapon. Federal charges were filed against the defendant arising out of the same criminal episode that gave rise to the Arapahoe County charges. Defendant pled guilty to the federal charges and was sentenced to a federal prison.

While defendant was serving his federal sentence in a federal correctional facility in Colorado, the Arapahoe County District Attorney filed a detainer. Defendant was advised by federal prison officials in writing of the existence of the detainer and his rights under the IAD. More particularly, defendant was advised that, pursuant to the IAD, he had a right to request final disposition of the outstanding charges against him and that he must notify the Inmate Systems Manager of his intent to exercise that right.

Defendant, without notifying the prison authorities as contemplated by the IAD and the advisement, instead filed a document in Arapahoe County entitled “Motion For Speedy Trial Or For Dismissal of Charges” in which he identified himself, as a federal prisoner and requested a speedy disposition of the outstanding charges. At the same time, defendant filed a motion for appointment of counsel. No action was taken with respect to either motion.

Defendant subsequently filed two identical motions to dismiss based on a violation of his speedy trial rights under the IAD, maintaining that the speedy trial period began to run upon the filing of the above-described document. Upon concluding that defendant had substantially complied with the provisions of the IAD and that his right to a speedy disposition had been violated, the trial court dismissed the pending charges.

I.

The People contend on appeal that strict rather than substantial compliance was required in order to trigger the IAD 180-day speedy trial requirement. We agree.

The IAD requires that the prisoner deliver to a custodial official at the institution in which he or she is incarcerated a written notice and request for final disposition of the outstanding charges pending against him or her. Section 24-60-501(III)(b), C.R.S.1997. The custodial official must then forward to the appropriate court and prosecuting official [232]*232the prisoner’s request for a final disposition, together with a certification containing information regarding the prisoner’s current incarceration. Section 24 — 60—501(III)(a), C.R.S.1997. If all of these procedures are followed, the prisoner must be brought to trial within 180 days. Section 24-60-501(III)(a), C.R.S.1997. There is no dispute that the filing of the motion by defendant did not comply with the procedural framework of the IAD.

Since the trial court’s ruling in this case, our supreme court held that, in order to implicate the speedy trial provisions of the IAD, strict compliance with that statute’s procedures is required. Johnson v. People, 939 P.2d 817 (Colo.1997). That holding is dispositive of the issue, and, absent some basis for excusing defendant’s failure strictly to comply, it requires that the dismissal be reversed and the cause remanded for reinstatement of the charges.

II.

Defendant argues in support of the trial court’s ruling that even if his motion was not sufficient to trigger the speedy trial protections of the IAD, nonetheless, dismissal of the charges is required because of the alleged failure of the federal prison authorities to comply with his request. We are not persuaded.

In Romans v. District Court, 633 P.2d 477 (Colo.1981), our supreme court ordered the dismissal of charges against a prisoner because the federal prison officials failed promptly to notify him of the Colorado de-tainer and, after notifying him, failed to advise him of his rights to an immediate resolution of the detainer. The court reasoned that provisions of IAD are mandatory and that any adverse effects of official oversight should be visited on the prosecution and not the prisoner. See also People v. Lincoln, 42 Colo.App. 512, 601 P.2d 641 (1979).

A contrary result was reached, however, in Fex v. Michigan, 507 U.S. 43, 113 S.Ct. 1085, 122 L.Ed.2d 406 (1993), in which the issue was whether the speedy trial provision of the IAD commences to run upon the prisoner’s request to the prison officials or the delivery of the demand for final disposition to the court and prosecuting attorney. The Supreme Court held that the risk of the malfeasance, or even malicious acts, of the prison officials must be borne by the defendant and that the speedy trial provision of IAD was not triggered until receipt by the court and prosecuting attorney of the prisoner’s demand for final disposition. The court’s rationale was that, were the contrary true, the speedy trial limitation would run without either the court or the prosecutor being aware that the time had commenced. The interpretation of the IAD is governed by federal law. People v. Moody, 676 P.2d 691 (Colo.1984). We are, therefore, constrained to follow Fex v. Michigan, supra, rather than Romans v. District Court, supra, and, hence, conclude that the defendant must bear the risk of uncooperative or inept prison officials.

III.

Defendant argues further that, even if his motion was not sufficient to trigger the speedy trial provisions of the IAD, dismissal of the charges is still mandated by the trial court’s failure to appoint counsel as requested at the time he filed his initial request. Again, we disagree.

Right to counsel attaches once an adversarial or judicial proceeding has been commenced, such as the filing of a criminal information or indictment. People v. Anderson, 842 P.2d 621 (Colo.1992); People v. Palmer, 888 P.2d 348 (Colo.App.1994). Thereafter, a defendant has a right to counsel at every critical stage of a criminal proceeding. A stage is “critical” if there is even a minimal risk that the absence of counsel might impair the defendant’s constitutional right to a fair trial. Key v. People, 865 P.2d 822 (Colo.1994).

. [7,8] The benefits and protections of the IAD are statutory and not of constitutional dimension. See People v. Brown, 854 P.2d 1332 (Colo.App.1992).

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
971 P.2d 229, 1998 Colo. J. C.A.R. 589, 1998 Colo. App. LEXIS 23, 1998 WL 45197, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-evans-coloctapp-1998.