People v. Steen

2014 CO 9, 318 P.3d 487, 2014 WL 351317
CourtSupreme Court of Colorado
DecidedFebruary 3, 2014
DocketSupreme Court Case No. 13SA123
StatusPublished
Cited by38 cases

This text of 2014 CO 9 (People v. Steen) 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. Steen, 2014 CO 9, 318 P.3d 487, 2014 WL 351317 (Colo. 2014).

Opinions

JUSTICE MARQUEZ

delivered the Opinion of the Court.

1 1 Petitioner, Mark Ashly Steen, was convicted in county court of misdemeanor offenses. In this original proceeding pursuant to C.A.R. 21, Steen challenges orders issued by the county court and district court denying his motions under section 16-2-114(6), C.R.S. (2018), and Crim. P. 37) to stay execution of his sentence pending his appeal of the convictions to the district court, We issued a rule to show cause why the relief sought in Steen' s petition should not be granted.

{2 We hold that section 16-2-114(6) and Crim. P. 87(F) require a county court, upon request, to grant a stay of execution of a defendant's sentence pending appeal of a misdemeanor conviction to the district court. Thus, the county court in this case was required to enter a stay upon Steen' s request. Under section 16-2-114(6) and Crim. P. 37), the county court's stay remains in effect through final disposition of the appeal, unless modified by the district court. Accordingly, we make the rule absolute and remand this case to the district court with instructions that, pursuant to section 16-2-114(6) and Crim. P. 37(F), a stay of execution shall remain in effect until after final disposition of Steen' s appeal, unless modified by the district court.

I. Facts and Procedural History

13 Mark Ashly Steen was convicted in Boulder County Court of the misdemeanor offenses of driving while ability impaired ("DWAI") 1 and careless driving.2 In accordance with section 42-4-1307(5), C.R.S. (2013), the county court sentenced Steen, as a second offender, to thirty days of home detention (electronic home monitoring), two years of probation, a one-year suspended jail sentence, and sixty hours of community service, and ordered him to pay fines and costs totaling $1,336.503 See § 42-4-1307(5)(a)(I)-(IV), (7)(a), C.R.S. (20183) (mandating penalties for second offenders, including a period of probation of at least two years and a one-year suspended jail sentence, and authorizing sentencing alternatives such as home detention in lieu of a required term of imprisonment).

' 4 Steen notified the county court that he would file an appeal with the district court and moved pursuant to Crim. P. 37(f) to stay the execution of his sentence during the pen-dency of the appeal. The county court stayed execution of the home detention part of Steen's sentence, but ordered Steen to "engage in the probation sentence and all attendant conditions while the appeal is considered by the district court." It did not stay any other aspect of his sentence.

T5 Steen filed his appeal with the district court. Again invoking Crim. P. 37(F), Steen moved the district court to stay the entirety of his sentence during the pendency of the appeal. In its response to Steen's motion, the People urged the district court to decline to stay execution of the probationary portion of Steen's sentence, arguing that under see-tions 18-1.8-202(1), C.R.S. (2013), and 16-4-201, CRS. (2013), a stay of probation is discretionary.

T6 The district court denied Steen's motion, stating that section 16-4-201 applied and that the court declined to exercise its discretion under that provision to stay execution of the sentence. Steen moved for reconsideration, arguing that Crim. P. 37(f) [490]*490mirrors section 16-2-114(6) and that these provisions, which govern appeals from county court to the district court, require the county court to grant a stay upon request. The district court denied the motion for reconsideration, citing its prior order and further reasoning that section 16-2-114(6) does not require the district court to grant a stay. It therefore continued to "decline to exercise its discretion in the manner requested."

T7 Steen then petitioned this court to issue a rule to show cause under C.A.R. 21. We issued the show cause order and now make the rule absolute.

II. Original Jurisdiction

T8 Original relief pursuant to C.A.R. 21 is an extraordinary remedy that is limited in purpose and availability. People v. Darlington, 105 P.3d 230, 232 (Colo.2005). This court will generally elect to hear C.AR. 21 cases that raise issues of first impression and that are of significant public importance. Young v. Jefferson Cnty., 2014 CO 1, ¶ 7, 2014 WL 104109; In re Marriage of Wiggins, 2012 CO 44, ¶ 12, 279 P.3d 1, 5. We will also exercise original jurisdiction where the normal appellate process would prove inadequate. Warden v. Exempla, Inc., 2012 CO 74, ¶ 16, 291 P.3d 30, 34. We exercise our original jurisdiction in this case because the interpretation of section 16-2-114(6) and Crim. P. 37(F) raises an important issue of first impression and one that is likely to recur in misdemeanor cases prosecuted in county courts. In addition, conventional appellate processes are inadequate here, given that the very relief Steen seeks is a stay of his sentence pending his appeal.

III. Standard of Review

Interpretation of a statute or rule is a question of law, which we review de novo. People v. Zhuk, 239 P.3d 487, 438 (Colo.2010). This court's fundamental responsibility in construing a statute "is to ascertain and give effect to the purpose and intent of the General Assembly in enacting it," Id. "In so doing, we look to the plain and ordinary meaning of the statutory language, and we construe the statute to further the legislative intent represented by the statutory scheme." People v. Manzo, 144 P.3d 551, 554 (Colo.2006). We will read and consider the statutory scheme as a whole to give consistent, harmonious, and sensible effect to all its parts. Charnes v. Boom, 766 P.2d 665, 667 (Colo.1988). "Where possible, we interpret conflicting statutes in a manner that harmonizes the statutes and gives meaning to other potentially conflicting statutes." City of Florence v. Pepper, 145 P.3d 654, 657 (Colo.2006). Where two legislative acts may be construed to avoid inconsistency, the court is obligated to construe them in that manner. Id.; see also § 2-4-205, C.R.S. (2013) ("If a general provision conflicts with a special or local provision, it shall be construed, if possible, so that effect is given to both. If the conflict between the provisions is irreconcilable, the special or local provision prevails as an exception to the general provision, unless the general provision is the later adoption and the manifest intent is that the general provision prevail.").

$10 This court has plenary authority to promulgate and interpret the rules of criminal procedure. Colo. Const. art. VI, § 21; Peterson v. People, 113 P.3d 706, 708 (Colo.2005); People v. Angel, 2012 CO 34, ¶ 13, 277 P.3d 231, 234. We employ the same interpretive rules applicable to statutory construction to construe a rule of criminal procedure. Kazadi v. People, 291 P.3d 16, 20 (Colo.2012). We will first read the language of the rule consistent with its plain and ordinary meaning, and, if it is unambiguous, we apply the rule as written. Angel, 277 P.3d at 235.

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Cite This Page — Counsel Stack

Bluebook (online)
2014 CO 9, 318 P.3d 487, 2014 WL 351317, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-steen-colo-2014.