People v. Bryant
2013 WL 979531
Colo. Ct. App.2013Background
- Bryant attacked AM at a Starbucks; he grabbed her vagina and restrained her by the neck for about 18 seconds while she screamed.
- Later that evening, Bryant approached D.P. at a bus stop, offered money for sex, and grabbed her breasts and vagina multiple times.
- Bryant followed D.P. onto a second bus, again grabbed her body, and was arrested that evening.
- Bryant was charged with two counts of unlawful sexual contact by force; the jury convicted on both counts.
- The trial court preliminarily found Bryant to be a sexually violent predator (SVP) and sentenced him to five years to life on each count, to run consecutively; a final SVP determination followed.
- Bryant unsuccessfully challenged ineffective assistance of counsel due to a continuance denial, challenged the sufficiency of the force proof, and challenged the SVP designation as unconstitutional.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Effect of UMDDA continuance denial on counsel | Bryant claims ineffective assistance due to continuance denial. | Bryant knowingly waived counsel by choosing speedy trial. | Waiver valid; no reversible error. |
| Sufficiency of force to prove submission | Force caused submission despite victims escaping. | No force beyond contact; escape shows no submission. | Sufficient evidence of force to cause submission. |
| SVP designation—right to remain silent | SVP evaluation violates Fifth Amendment rights. | SVP procedures not criminal; no silence right. | No Fifth Amendment violation. |
| SVP designation—equal protection | Non-participants in interview treated differently. | Not similarly situated; different treatment justified. | No equal protection violation. |
Key Cases Cited
- Keene v. People, 226 P.3d 1140 (Colo. App. 2009) (definition of physical force includes force applied to the body)
- Holwuttle v. People, 155 P.3d 447 (Colo. App. 2006) (physical force required for submission under statute)
- Krueger v. People, 296 P.3d 294 (Colo. 2012) (waiver of rights must be voluntary, knowing, intelligent)
- Newton v. People, 764 P.2d 1182 (Colo. 1988) (IAD speedy trial waiver may be made by defendant or counsel)
- Jefferson v. People, 981 P.2d 613 (Colo. App. 1998) (continuance or waiver analyses in speedy trial context)
- Mendoza v. People, 313 P.3d 637 (Colo. App. 2011) (SVP screening and treatment decisions not violative of equal protection)
- Carbajal v. People, 812 P.2d 1183 (Colo. 1991) (SVP evaluation procedures and purpose explained)
- Brosh v. People, 297 P.3d 1024 (Colo. App. 2012) (SVP evaluation procedures not punitive in intent)
- Williams v. Shaffer, 385 U.S. 1037 (Sup. Ct. 1967) (equal protection applicability beyond criminal proceedings)