2013 COA 3
Colo. Ct. App.2013Background
- Defendant Jess Andrew Carrillo was arrested on suspicion of sexual assault while on parole and detained in Pueblo County Jail.
- Plea agreement resulted in a guilty plea to misdemeanor unlawful sexual contact on August 24, 2010 and a one-year county jail sentence.
- At sentencing, the court granted nineteen days of presentence confinement credit (PSCC) toward the misdemeanor sentence.
- The court reasoned that all but the last nineteen days of pre-sentence confinement applied to his parole sentence, and that parole had been discharged on August 5, 2010.
- Carrillo appealed, and a personal recognizance bond was set pending appeal.
- The trial court’s ruling became the central issue on appeal regarding whether he should receive credit for all 274 days of presentence confinement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the issue was preserved for appeal. | Carrillo (as the defendant) argues broader PSCC entitlement under 18-1-3-509. | People argue lack of preservation; section 18-1-3-509 was not argued below. | Issue not preserved; plain error review applies. |
| How PSCC should be calculated for misdemeanors when defendant is on parole/serving a prior sentence. | Carrillo contends 18-1-3-509 requires credit for all pre-sentence confinement (274 days). | People contend 18-1-3-509 governs misdemeanors only and does not address parole/previous sentence timing. | Statutes reconciled; last sentence of 18-1-8-405 applies; no credit for time served on parole beyond 19 days. |
| Whether 18-1-3-509 and 18-1-3-405 can be construed together to grant full credit. | Carrillo asserts misalignment would require full credit. | People assert the two statutes are not irreconcilable and should be construed in pari materia. | Constructions harmonized; 18-1-3-509 removes discretion but 18-1-3-405 applicable to previous sentence/parole remains. |
Key Cases Cited
- People v. Vigil, 127 P.3d 916 (Colo.2006) (plain error standard discussion related to preservation)
- Novak v. Craven, 195 P.3d 1115 (Colo.App.2008) (preservation of issue when not raised below)
- Lehnert v. People, 244 P.3d 1180 (Colo.2010) (definition of plain error)
- People v. Disher, 224 P.3d 254 (Colo.2010) (statutory interpretation framework)
- Bostelman v. People, 162 P.3d 686 (Colo.2007) (interpretation when statutes conflict; intrinsic aids)
- Martinez v. People, 69 P.3d 1029 (Colo.2003) (in pari materia; apply consistent with related statutes)
- Johnson v. People, 797 P.2d 1296 (Colo.1990) (PSCC considerations prior to amendments)
- Schubert v. People, 698 P.2d 788 (Colo.1985) (historical rationale for PSCC prior to statute changes)