People v. Valenzuela

216 P.3d 588, 2009 WL 2916698
CourtSupreme Court of Colorado
DecidedSeptember 14, 2009
Docket08SC418
StatusPublished
Cited by26 cases

This text of 216 P.3d 588 (People v. Valenzuela) 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. Valenzuela, 216 P.3d 588, 2009 WL 2916698 (Colo. 2009).

Opinions

Justice MARTINEZ

delivered the Opinion of the Court.

I. Introduction

Respondent Robert G. Valenzuela was convicted, pursuant to a plea agreement, of conspiracy to distribute a schedule II controlled substance — a class three felony — in violation of section 18-18^105(l)(a), C.R.S. (2008), and first degree kidnapping — a class two felony— in violation of section 18-3-301(l)(a)(3), C.R.S. (2008).1 The trial court applied the extraordinary risk of harm sentence enhancement provision contained in section 18-1.3-401(10)(b), C.R.S. (2008) (“extraordinary risk provision”), to Valenzuela’s sentence for the conspiracy to distribute a schedule II controlled substance charge.

On appeal, the court of appeals held, in an unpublished opinion, that the extraordinary risk provision does not apply to conspiracy to distribute a schedule II controlled substance and remanded to the trial court for resentencing. People v. Valenzuela, No. 06CA0026, 2008 WL 885987 (Colo.App. April 3, 2008).

Section 18-18-405(l)(a) (“the offense provision”) enumerates a number of different ways the offense provision can be violated. Included within this list is simple possession of a controlled substance, possession of a controlled substance with the intent to dispense, sell or distribute, manufacture of a controlled substance, sale and distribution of a controlled substance, and conspiracy and attempt to sell, dispense, or manufacture a controlled substance. In contrast, the extraordinary risk provision only applies to “unlawful distribution, manufacturing, dispensing, sale, or possession of a controlled substance with the intent to sell, distribute, manufacture, or dispense, as defined in section 18-18-405.” Because, by its terms, the extraordinary risk provision does not apply to conspiracy to distribute a controlled substance, we affirm the judgment of the court of appeals.

[590]*590II.Facts and Procedural History

In calculating Valenzuela’s sentence on the conspiracy to distribute a controlled substance and first degree kidnapping convictions, the trial court applied a number of mandatory statutory sentencing provisions to the convictions. First, in addition to conspiracy to distribute a controlled substance and first degree kidnapping, Valenzuela pleaded guilty to a crime of violence sentence enhancement count on the kidnapping charge under section 18-1.3-406(2)(a)(I)(A), C.R.S. (2008). Valenzuela also admitted that the amount of the controlled substance involved was 25 to 450 grams, therefore subjecting him to the mandatory minimum sentencing provisions of section 18 — 18—405(3)(a)(I), and that he committed the offenses while on parole.

The presumptive range for a class three felony is four to twelve years imprisonment, section 18-1.3-401(l)(a)(V)(A); a person who commits a felony while on parole is subject to sentencing of up to twice the maximum in the presumptive range. § 18 — 1.3—401(8)(a)(II). Additionally, the parties assumed that conspiracy to distribute a controlled substance was classified as an extraordinary risk of harm offense, and that under section 18-1.3-401(10)(b) the maximum presumptive range sentence of twelve years had to be increased by four years before it was doubled pursuant to the enhancement provision applicable to parolees. Therefore, applying these provisions, the trial court determined the maximum sentence Valenzuela could receive on the controlled substance count was thirty-two years in the Department of Corrections.

The trial court sentenced Valenzuela to a thirty-two year sentence on the conspiracy to distribute a schedule II controlled substance conviction and a concurrent sentence of forty-five years on the conviction for first degree kidnapping. This appeal concerns only whether the extraordinary risk sentencing provision contained in section 18-1.3-401(10)(b) applies to Valenzuela’s controlled substance conviction; the first degree kidnapping sentence is not at issue in this appeal.

On appeal, sua sponte, the court of appeals held the sentence was improperly enhanced under the extraordinary risk provision because conspiracy to distribute a controlled substance is not'brought within the scope of the extraordinary risk provision, and therefore the maximum sentence allowed under the sentencing statutes is twenty-four years.

This court granted certiorari in order to determine whether the extraordinary risk provision applies to conspiracy to distribute a controlled substance, as defined by section 18 — 18—405(l)(a).2 Because we agree with the court of appeals and find that conspiracy to distribute a controlled substance is not an extraordinary risk crime under section 18-1.3 — 401(10), we affirm the court below and remand for resentencing consistent with this opinion.

III.Standard of Review

Statutory interpretation is a question of law subject to de novo review. Klinger v. Adams County Sch. Dist. No. 50, 130 P.3d 1027, 1031 (Colo.2006). A reviewing court begins the analysis with the plain language of the statute. If the statute is clear and unambiguous on its face, then the court need look no further. People v. Luther, 58 P.3d 1013, 1015 (Colo.2002). If the statute is ambiguous, the court looks to the statute’s legislative history, the consequences of a given construction, and the overall goal of the statutory scheme to determine the proper interpretation of the statute. People v. Cooper, 27 P.3d 348, 354 (Colo.2001).

IV.Analysis

The offense provision, section 18-18-405(l)(a), provides, in relevant part:

It is unlawful for any person knowingly to manufacture, dispense, sell, distribute, possess, or to possess with intent to manufacture, dispense, sell, or distribute a controlled substance; or induce, attempt to induce, or conspire with one or more other [591]*591persons to manufacture, dispense, sell, distribute, possess, or possess with intent to manufacture, dispense, sell, or distribute a controlled substance; or possess one or more chemicals or supplies or equipment with intent to manufacture a controlled substance.

The offense provision, entitled “Unlawful distribution, manufacturing, dispensing, sale or possession,” creates one offense, within which are three separate categories of proscribed actions, offset by the word “or” and semicolons. An individual can violate the statute, and commit the offense, in several ways specified in the three categories: 1) actual manufacture, dispensing, selling, distributing, possession, or possession with intent to manufacture, dispense, sell or distribute a controlled substance; 2) inducement, attempted inducement, and conspiracy to manufacture, dispense, sell, distribute, possess, or possess with intent to manufacture, dispense, sell, or distribute a controlled substance; and 3) possession of one or more chemicals or supplies with the intent to manufacture a controlled substance.

Within each of the three categories defined by the offense provision are separate ways in which an individual can violate that category, and therefore commit the offense.

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Cite This Page — Counsel Stack

Bluebook (online)
216 P.3d 588, 2009 WL 2916698, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-valenzuela-colo-2009.