People v. Johnson
2017 COA 97
| Colo. Ct. App. | 2017Background
- Trevelle Keshawn Johnson pled guilty to class 5 felony menacing (deferred judgment) and class 6 felony criminal impersonation (probation) in October 2015.
- While on supervision he was charged in a separate case with felony murder and robbery and was arrested in November 2016; the murder court set bond at $75,000 after finding probable cause but not that guilt was evident.
- Prosecutors filed motions to revoke Johnson’s deferred judgment and probation based on the new criminal charges; arrest warrants issued and Johnson was booked on the revocation warrants.
- At a revocation hearing Johnson asked for bond on the menacing and impersonation cases; the revocation court denied bond, finding a higher likelihood of revocation and that Johnson posed an excessive risk to the community.
- Johnson petitioned for review under § 16-4-204, arguing Colorado’s constitutional and statutory “shall be bailable” language required the court to set bond; the People argued the revocation court had discretion to deny bond.
- The majority dismissed the petition, holding revocation hearings are postconviction/resentencing in nature, the presumption of innocence does not control, and courts have qualified discretion under the postconviction-bail provisions to deny bond; the dissent would have held the preconviction bond statute applies and the court erred by refusing to set bond.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a defendant facing probation/deferred-judgment revocation is entitled to bail under the constitutional/ statutory “shall be bailable” pretrial rule | The People: revocation is postconviction/resentencing in nature so postconviction bail statutes govern; court may deny bail if criteria met | Johnson: the revocation is based on unadjudicated allegations; he remains entitled to preconviction bail protections and the court must set bond | Held: No — revocation proceedings are postconviction/resentencing in nature; court has discretion under postconviction-bail rules to deny bond |
| Whether the presumption of innocence requires bond when revocation is premised on new criminal charges | Johnson: presumption of innocence of the new charges triggers bailability | People: defendant already convicted on original offenses; revocation focuses on sentence appropriateness, not innocence of the prior conviction | Held: The presumption of innocence underpinning pretrial bail does not apply to these revocation proceedings in the majority’s view |
| Standard and scope of review of revocation-court denial of bond | Johnson: denial exceeded jurisdiction/abused discretion because bond was required | People: denial reviewed for abuse of discretion; discretion qualified by postconviction-bail criteria | Held: Abuse-of-discretion review; no abuse here because record supported findings (risk to community, probable cause to believe murder/robbery occurred) |
| Whether the basis of revocation (new substantive crimes v. technical violations) affects entitlement to bond | Johnson: if revocation rests on new crimes, he should get bond | People: no principled distinction — revocation aims to reassess sentencing regardless of violation type | Held: No distinction; basis of revocation (new offense vs technical) does not entitle probationer to pretrial bail under majority rule |
Key Cases Cited
- Stack v. Boyle, 342 U.S. 1 (U.S. 1951) (pretrial bail protects presumption of innocence)
- Hafelfinger v. Dist. Court, 674 P.2d 375 (Colo. 1984) (guilty plea accepted with deferred judgment constitutes a conviction for bail statute purposes)
- Swift v. People, 488 P.2d 80 (Colo. 1971) (guilty plea can constitute conviction in ordinary legal sense)
- People v. Preuss, 920 P.2d 859 (Colo. App. 1995) (probation revocation is not a new criminal prosecution but a resentencing/reconsideration)
- People ex rel. Gallagher v. Dist. Court, 591 P.2d 1015 (Colo. 1978) (revocation hearings reassess whether alternatives to incarceration remain viable)
- Byrd v. People, 58 P.3d 50 (Colo. 2002) (rights of probationers at revocation hearings are significantly reduced versus criminal trials)
- Morrissey v. Brewer, 408 U.S. 471 (U.S. 1972) (parole revocation is not part of a criminal prosecution; full trial protections do not apply)
- People v. Roca, 17 P.3d 835 (Colo. App. 2000) (no constitutional right to bail after conviction)
- People v. Ickler, 877 P.2d 863 (Colo. 1994) (issues in revocation: whether violation occurred and what action is appropriate)
- People v. Hoover, 119 P.3d 564 (Colo. App. 2005) (bond decisions reviewed for abuse of discretion)