People v. Hopper
2011 Colo. App. LEXIS 1117
Colo. Ct. App.2011Background
- Police stopped a vehicle in March 2007 to execute an arrest warrant for two men in the car.
- Upon search, officers found rifles, a handgun, drug paraphernalia, cocaine, and methamphetamine under the driver's seat.
- Defendant was charged with two counts of possession of a controlled substance, two special offender counts, and one weapon count; suppression motion denied.
- Jury acquitted on the weapon count but convicted on the remaining drug-related and special offender counts.
- Defendant moved for a new trial based on newly discovered evidence; court denied.
- Defendant was sentenced to sixteen years and five years of mandatory parole; mittimus later corrected on remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the vehicle search was suppressible under Gant | Hopper | Hopper | No suppression; Davis precludes exclusion |
| Whether special offender interrogatories lacked required mens rea | Hopper | Hopper | No error; no mens rea element required |
| Whether newly discovered evidence warranted a new trial | Hopper | Hopper | No abuse of discretion; evidence not affirmatively probative of innocence |
| Whether the mandatory parole term was correctly calculated | Hopper | Hopper | Five-year term erroneous; remand for three-year parole; reflect jury verdict on mittimus |
Key Cases Cited
- New York v. Belton, 453 U.S. 454 (1981) (bright-line rule for search incident to arrest)
- Colorado v. Gant, 556 U.S. 332 (2009) (limits vehicle searches incident to arrest)
- Davis v. United States, 131 S. Ct. 2419 (2011) (reliance on binding appellate precedent negates exclusion)
- Whitaker v. People, 48 P.3d 555 (Colo. 2002) (special offender statute lacks mens rea in importation)
- People v. Ramirez, 997 P.2d 1200 (Colo. App. 1999) (special offender importation does not require mens rea)
- People v. Garcia, 251 P.3d 1152 (Colo. App. 2010) (parole term calculation under statute appears limited)