2012 CO 69
Colo.2012Background
- Miranda was convicted of vehicular homicide/DUI and sentenced to 8 years in DOC followed by 5 years mandatory parole.
- He was immediately suspended from the practice of law in 2006; the Hearing Board later suspended him for two years.
- In 2010–2012 Miranda petitioned for reinstatement under C.R.C.P. 251.29 while still incarcerated/subject to parole.
- The Hearing Board, after a 2012 hearing, reinstated Miranda subject to seven conditions.
- Attorney Regulation Counsel appealed, and the court held that reinstatement is barred until completion of the felony sentence, including parole.
- The court reversed the Hearing Board’s order and clarified the disqualification period for felons under section 18-1.3-401(8).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether section 18-1.3-401(8) bars reinstatement while on parole | Miranda | Miranda's parole status is not the completion of the sentence | Yes; parole must be completed for reinstatement to be allowed |
| Whether parole is part of the felony sentence for purposes of disqualification | Parole should be treated separately from the sentence | Parole constitutes part of the sentence and delays restoration of rights | Parole is part of the sentence; disqualification extends until completion of sentence including parole |
| Whether the terms of Miranda's parole affect eligibility for reinstatement | Rehabilitation and fitness should permit reinstatement subject to parole conditions | Parole conditions do not override statutory disqualification until sentence end | Parole conditions do not permit reinstatement before sentence completion |
Key Cases Cited
- Danielson v. Dennis, 139 P.3d 688 (Colo. 2006) (parole is an extension of confinement, not full discharge)
- People v. Lucero, 772 P.2d 58 (Colo. 1989) (parolees are in legal custody and subject to parole supervision)
- People v. Campbell, 742 P.2d 302 (Colo. 1987) (parolees are in legal custody; affects rights during parole)
- Danielson v. Dennis (constitutional analogy), 139 P.3d 688 (Colo. 2006) (constitutional framework supports parole-related disqualification)