People v. Simonds

113 P.3d 762, 2005 Colo. LEXIS 558, 2005 WL 1384351
CourtSupreme Court of Colorado
DecidedJune 13, 2005
Docket04SC53
StatusPublished
Cited by11 cases

This text of 113 P.3d 762 (People v. Simonds) 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. Simonds, 113 P.3d 762, 2005 Colo. LEXIS 558, 2005 WL 1384351 (Colo. 2005).

Opinions

COATS, Justice.

The People sought review of the court of appeals judgment in People v. Simonds, 91 P.3d 405 (Colo.App.2003), vacating the defendant’s conviction for sexual assault on a child and ordering the prosecution dismissed.

The district court had accepted the defendant’s guilty plea pursuant to a deferred sentencing agreement. Following a timely allegation of breach and application for entry of judgment and sentence, the district court accepted a second agreement by the parties, [763]*763calling for withdrawal of the People’s application and extension of the original four-year deferred sentencing agreement for an additional four years. Shortly after expiration of the period statutorily permitted for challenging the defendant’s compliance with the original agreement, however, the defendant moved for withdrawal of his plea and dismissal of the charges with prejudice, arguing that a further continuance of the case was not authorized by statute. The district court agreed that the deferred sentence had expired by operation of law; however, it permitted the district attorney to proceed on her previously filed application and found a breach, entered judgment, and imposed sentence.

The court of appeals vacated the conviction and ordered the charges dismissed with prejudice, holding that the district court was without jurisdiction to permit re-filing of the application. Because the application was filed within the time permitted by statute and was only conditionally withdrawn, we hold that the district court did not abuse its discretion in treating the original application, under the circumstances of this case, as never having been abandoned, and it therefore did not exceed its jurisdiction in entering judgment and sentence.

I.

The defendant, Ronald D. Simonds, was charged with one count of sexual assault on a child by one in a position of trust. On June 30, 1997, he entered a plea of guilty as part of an agreement, pursuant to statute,1 to continue the case for the purpose of entering judgment and sentence. The defendant and the district attorney entered into a written stipulation, obligating the defendant to adhere to various conditions for a period of four years, ending June 30, 2001. On November 22, 2000, following the defendant’s premature discharge from a sex offender program, the district attorney filed an application to enter judgment and impose sentence, asserting the breach of a condition of the stipulation.

Prior to resolution of the People’s application, however, the parties reached a second agreement. On January 11, 2001, during the morning docket, the deputy district attorney in court indicated his understanding that the defendant had been conditionally accepted into another program and if that were the case, the People would “withdraw their application in exchange for him beginning the deferred sentence for four years all over again, starting [thát day].” After confirming the conditions of the agreement with the defendant, the court entered an order releasing the defendant’s bond and characterizing the agreement as calling for the withdrawal of the application and the extension of the deferred sentence for four years, subject to the terms and conditions of the original agreement, along with certain new offense specific conditions.

In August 2001, about 60 days after expiration of the original four-year deferral period, the defendant moved “to terminate the deferred sentence and dismiss the case,” asserting that the court lacked jurisdiction to extend his deferred sentencing agreement. The district court denied the motion but agreed that it lacked jurisdiction to continue the ease longer than four years from the entry of the defendant’s plea. Nevertheless, the district court found that withdrawal of the People’s application for entry of judgment was conditioned upon continuance of the case and extension of the deferred sentencing agreement. Because the court lacked jurisdiction to continue the case beyond the original four-year period, that condition was illegal and was never fulfilled, and therefore the court held that the district attorney was “free to, in effect, withdraw its withdrawal.” Because the application had been filed well within the statutorily authorized time period, the district court permitted the district attorney to proceed with her application. Ultimately, it found that she proved her allegation that the defendant had breached the original deferred sentencing agreement. It entered judgment on the plea and sentenced the defendant to probation for six years.

On direct appeal by the defendant, the court of appeals vacated the conviction, holding that the district court lacked the jurisdic[764]*764tion to reinstate the People’s original application after the statutory period for filing had passed, and therefore it was without jurisdiction to enter judgment and impose sentence upon the defendant.

The People petitioned for a writ of certio-rari.

II.

With the written consent of the defendant, his counsel, and the district attorney, the court accepting a felony guilty plea is statutorily empowered to continue the case for a period not to exceed four years, without entering judgment and imposing sentence. § 18-1.3-102(1), C.R.S. (2004). Upon full compliance by the defendant with the conditions to which he stipulated in such a deferred sentencing agreement, his guilty plea must be withdrawn and the charges dismissed with prejudice. § 18-1.3-102(2). Upon breach of any condition by the defendant, however, the court must enter judgment on the plea and impose sentence. Id. A breach may be determined only by the court, upon application by the district attorney or a probation officer within the term of the deferred judgment or within thirty days thereafter. Id.

Even upon a timely application, the court may not find a breach without a hearing at which the defendant is entitled to proof of the allegations by a preponderance of the evidence and to the other procedural safeguards required for revocation of probation. Id. The defendant is also entitled to a minimum of five days notice of such a hearing, and at least where he is not in custody, the statute prescribes no specific time period within which that hearing must take place. Id.; cf. People v. Schoonover, 654 P.2d 1340 (Colo.App.1982) (holding that procedural safeguards of § 16-11-206, C.R.S.1973 (1978 Repl.Vol. 8), included the 15-day hearing requirement for defendants in custody). While the statute expressly permits extension of the period of deferral only for the payment of restitution, it nevertheless clearly does not contemplate that the district court lose jurisdiction to find a breach upon expiration of the term of deferral itself.

The statute specifically requires only that an application be filed within a specific time. See § 18-1.3-102(2). In a related context, we have held that similar language must be construed to mean precisely what it says and cannot reasonably be construed to require a resolution of the motion within that period. See People v. Fuqua, 764 P.2d 56, 58 (Colo.1988) (holding that a court does not lose jurisdiction over a timely filed Crim. P. 35(c) motion for reduction of sentence until the motion is deemed abandoned, even if the 120-day filing period has lapsed).

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Cite This Page — Counsel Stack

Bluebook (online)
113 P.3d 762, 2005 Colo. LEXIS 558, 2005 WL 1384351, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-simonds-colo-2005.