People v. Summers

208 P.3d 251, 2009 WL 1456687
CourtSupreme Court of Colorado
DecidedMay 26, 2009
Docket08SA169
StatusPublished
Cited by52 cases

This text of 208 P.3d 251 (People v. Summers) 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. Summers, 208 P.3d 251, 2009 WL 1456687 (Colo. 2009).

Opinions

Justice RICE

delivered the Opinion of the Court.

This original proceeding arises out of the defendant's motion to dismiss the sexual assault on a child charges against him because they are time barred. The defendant contends that the ten-year statute of limitations in effect when he allegedly committed the crimes mandates dismissal of charges brought more than ten years after the last alleged incident. The People counter that the General Assembly's amendment of the statute of limitations for sexual assault on a child, extending it to ten years after the victim reaches the age of eighteen, was intended to apply retroactively and therefore applies to the charges in this case. The trial court agreed with the People, concluding that the extended statute of limitations applied to the defendant, and denied his motion to dismiss. We issued a rule to show cause and now make that rule absolute, holding that because we are unable to discern the legislative intent behind the amendments to the statute of limitations, we must apply the rule of lenity to bar the charges under the ten-year statute of limitations in effect when the crimes were allegedly committed. We also overrule the court of appeals' recent decision in People v. Boston, - P.3d -, No. 07CR2186, 2009 WL 400073 (Colo.App. Feb. 19, 2009).

I. Facts and Procedural History

The defendant, Eugene Summers, was charged with thirty-two counts of sexual assault on a child, sexual assault on a child by one in a position of trust, sexual assault on a child-pattern of abuse, and criminal attempt to commit sexual assault on a child. The acts were allegedly committed during two separate time periods-one period from August 1, 1992, to August 31, 1993, and one period from August 1, 1995, to June 30, 1996. The felony complaint charging Summers with these crimes was filed April 6, 2007. Summers moved to dismiss the charges against him, contending that they were all barred by the statute of limitations. The statute of limitations in effect at the time of the alleged crimes was ten years. However, the General Assembly amended the statute of limitations in 2002, tolling the ten-year statute of limitations for sexual assault on a child until the child victim reaches the age of eighteen. The trial court denied Summers' motion to dismiss, holding that the newly amended statute of limitations applied to Summers' case and that it had not yet run.1

II. - Analysis

We are asked in this case to determine which statute of limitations applies to the sexual assault on a child charges brought against Summers. Because the plain language of the statute is ambiguous and we are unable to determine any clear intent expressed by the legislature, we hold that the rule of lenity applies and the ten-year statute of limitations in effect at the time of the alleged acts bars the charges against Summers.

A. Ambiguity in Plain Language

The amendments to the statute of limitations for sexual assault on a child were introduced as House Bill 02-1396, which was later enacted as § 18-8-411, C.R.S. (2002). In determining how to apply H.B. 02-1396, [254]*254we begin with the plain language of the statute. Frazier v. People, 90 P.3d 807, 810 (Colo.2004). If the language is unambiguous, we look no further and apply the words as written. Slack v. Farmers Insurance Exchange, 5 P.3d 280, 284 (Colo.2000). If, however, there is ambiguity on the face of the statute, our task is to discern the legislative intent behind the law. Frazier, 90 P.3d at 810. In construing statutory language, we read the statute as a whole, with a goal of giving "consistent, harmonious, and sensible effect to all its parts." People v. Dist. Court, 713 P.2d 918, 921 (Colo.1986).

For purposes of determining the statute of limitations that applies to Summers' alleged crimes, two sentences contained in section 18-8-411 are relevant. The first is contained in subsection (2)(b) and reads, "The ten-year statute of limitations shall apply to all felony offenses specified in subsection (1) of this section which are alleged to have occurred on or after July 1, 1992." §+18-8-411(2)(b), C.R.S. (2002). The second appears in section 18-3-411(5) as published in the Colorado Session Laws and reads, "Except as otherwise provided in subsection (2) of this seetion, this act shall take effect upon passage, and shall apply to offenses committed on or after said date." Ch. 288, see. 5, $ 18-8-411, 2002 Colo. Sess. Laws 1127, 11830.

These two sentences are in direct conflict with one another. The first mandates that the new eighteen-plus-ten statute of limitations be retroactively applied to all crimes for which the ten-year statute of limitations had not yet run when the new law was enacted, including the crimes at issue in this case. If that language is applied, the charges against Summers are not time barred, and he can be tried on the charges. However, the second sentence mandates that the new statute of limitations applies only to crimes committed on or after its effective date of June 3, 2002, implying that the previously existing flat ten-year statute of limitations be applied to all crimes committed before that date. If this language is applied, the flat ten-year statute of limitations applies in this case, and the charges against Summers are time barred. Reading the statute as a whole, it is impossible to give meaning to both of these provisions. We must therefore determine which one controls by inquiring into the legislative intent behind the language used.

B. Legislative Intent

Because we are unable to apply the plain language of the statute, we turn to an analysis of the legislature's intent in enacting the statute. When an ambiguity appears on the face of a statute, "we may rely on other factors such as legislative history, the consequences of a given construction and the goal of the statutory scheme to determine a statute's meaning." Frazier, 90 P.3d at 811. In doing so, we are mindful that "[a]) statute should not be construed in a manner which defeats the obvious legislative intent." Tacoranmte v. People, 624 P.2d 1324, 1330 (Colo.1981).

1. Legislative History

The confusion in this case arises out of a poorly drafted statute-the substantive provisions of the statute indicate that the statute is to apply retroactively, but the effective date clause explicitly states that the statute applies to crimes committed on or after the statute's effective date. In order to understand the conflicting provisions of the law, it is important to consider how the statute was amended.

Prior to the 2002 legislative session, the statute of limitations for sexual assault on a child in Colorado was ten years from the date of the last occurrence of the crime. The statute of limitations at the time read:

No person shall be prosecuted, tried, or punished for an unlawful sexual offense other than the misdemeanor offenses specified in sections 18-38-4022 and 18-3-404, unless the indictment, information, complaint, or action for the same is found or instituted within ten years after commission of the offense.... The ten-year statute of limitations shall apply to all offenses specified in subsection (1) of this section [including the offenses with which the defendant is charged in this case] which are [255]

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Cite This Page — Counsel Stack

Bluebook (online)
208 P.3d 251, 2009 WL 1456687, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-summers-colo-2009.