People v. Smith
2014 CO 10
| Colo. | 2014Background
- Spencer Smith was convicted of first-degree criminal trespass (felony) after breaking into an apartment with a concealed shotgun.
- At sentencing the trial court imposed three years intensive supervised probation and, as a condition, a 90-day county jail term to impress severity; the court awarded only 60 days of presentence confinement credit (PSCC) against that 90-day jail term despite Smith having served 89 days pre-sentence.
- Smith appealed the denial of 29 days of PSCC, arguing section 18-1.3-405 (the felony PSCC statute) required full credit and alternatively raised an equal protection challenge.
- The Colorado Court of Appeals reversed, holding that a trial court may either award full PSCC or none when crediting PSCC against a jail condition of felony probation, but may not award partial credit.
- The Colorado Supreme Court granted certiorari to resolve whether section 18-1.3-405 requires full PSCC against a jail term imposed as a condition of probation.
Issues
| Issue | Plaintiff's Argument (Smith) | Defendant's Argument (People) | Held |
|---|---|---|---|
| Whether section 18-1.3-405 mandates full PSCC against a jail term imposed as a condition of felony probation | Section 18-1.3-405 entitles Smith to full credit (apply the 89 days against the 90-day jail term) | The PSCC statute applies to DOC sentences only; probation statutes grant trial courts discretion to set and credit jail conditions | Section 18-1.3-405 does not apply to probationary jail terms; trial courts have discretion to award full, partial, or no PSCC against a jail condition of probation |
| Whether denying full PSCC to probationers violates equal protection | Denying full PSCC treats similarly situated pretrial detainees differently based on sentencing outcome | Probation is a discretionary, rehabilitative alternative; statutory sentencing ranges remain equal so equal protection is satisfied | No equal protection violation; differential treatment tied to probationary status is rational and permissible |
Key Cases Cited
- Edwards v. People, 196 P.3d 1138 (Colo. 2008) (PSCC is mandatory when sentence is to DOC and court must record amount on mittimus)
- Castro v. Dist. Court, 656 P.2d 1283 (Colo. 1982) (interpreting PSCC statute as applying when sentence is to a state correctional facility)
- People v. Johnson, 797 P.2d 1296 (Colo. 1990) (if sentenced to DOC, offender must receive full but not duplicative PSCC; court has discretion to award credit to county jail sentence)
- People v. Brockelman, 933 P.2d 1315 (Colo. 1997) (probation statute gives courts broad discretion to impose conditions reasonably related to rehabilitation)
- Faulkner v. Dist. Court, 826 P.2d 1277 (Colo. 1992) (jail as a condition of probation serves deterrent purpose and is within court's authority)