Finney v. People
325 P.3d 1044
Colo.2014Background
- Finney charged with multiple sexual assault offenses in 2004–2005; entered deferred judgments with probation-like conditions and penalties explained at plea hearings.
- Defendant repeatedly advised of potential penalties before each plea; final plea in Feb 2005 included warnings two years to life with parole.
- In June 2008, the prosecution filed a revocation complaint; defense counsel waived advisement at two hearings.
- September 2008, Finney admitted violation of the deferred judgment; prosecutor recommended community corrections; court accepted admission but did not guarantee community corrections.
- Finney was later sentenced to two years to life after it became clear he was not eligible for community corrections; postconviction relief denied; court of appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does 16-11-206(2) require penalty advisement at revocation upon admission to violation | Finney contends advisement is required | Statute allows advisory waivers and prior advisements suffice | No; waiver and prior advisements satisfy the statute |
| Does 16-11-206(1) import Crim. P. 11 or apply only when charged with a new offense | Finney argues 11 rules apply to revocation | Revocation not a new offense; 11 not applicable | Not applicable when revocation involves no new offense |
| Does Crim. P. 11(b) or due process require penalty rereadiness in revocation | Finney seeks constitutional advisement rights | Revocation proceedings have reduced due process guarantees | No independent 11(b) or due process right required in revocation |
| Is a court required to re-advise penalties under section 16-11-206 when counsel has waived rights | Waiver cannot bar due process | Waiver permitted and sufficient | Waiver valid; no additional advisement required |
Key Cases Cited
- People v. Allen, 978 P.2d 620 (Colo. 1999) (revocation procedures; due process safeguards in probation revocation)
- Morrissey v. Brewer, 408 U.S. 471 (U.S. (1972)) (parole revocation standards; due process not identical to criminal trials)
- Byrd v. People, 58 P.3d 50 (Colo. 2002) (due process in revocation proceedings; limited rights compared to trials)
- Atencio, 186 Colo. 76, 525 P.2d 461 (Colo. 1974) (due process protections for revocation defendants)