People v. Steen, 318 P.3d 487

Mark Ashly Steen was convicted in Boulder County Court of DWAI (second offender) and careless driving and was sentenced to home detention, two years probation, a one-year suspended jail term, community service, fines, and costs.
Steen filed a notice of appeal to the district court and moved under Crim. P. 37(f) and § 16-2-114(6) for a stay of execution of his sentence pending appeal; the county court stayed only the home detention portion and required him to comply with probation.
Steen renewed his stay request in the district court; the district court denied it, concluding stays of probation are discretionary under §§ 18-1.3-202(1) and 16-4-201(2).
Steen petitioned this court for original relief under C.A.R. 21; the Supreme Court granted relief to decide whether § 16-2-114(6) and Crim. P. 37(f) require a mandatory stay by county court for appeals to district court.
The Supreme Court held that § 16-2-114(6) and Crim. P. 37(f) (which govern county-court-to-district-court appeals) require the county court, upon request pending docketing of the appeal, to grant a stay of execution of sentence (including probation), and that such a stay remains in effect through final disposition unless modified by the district court.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether § 16-2-114(6) and Crim. P. 37(f) require a county court to grant a stay of execution of sentence (including probation) upon request pending appeal to the district court	Steen: the statute and rule use "shall" and thus mandate that the county court grant a stay on request, covering all parts of the sentence	People: probation stays are governed by §§ 18-1.3-202(1) and 16-4-201(2), which make stays of probation discretionary	Held: § 16-2-114(6) and Crim. P. 37(f) govern county-court appeals and, by plain language, require a county court to grant a requested stay pending docketing; probation is not exempted and thus is stayed unless district court later modifies
Whether a stay granted by the county court remains in effect through final disposition of the appeal or can be altered by the district court without limitation	Steen: stay granted by county court should remain through final disposition	People: district court discretion to deny or limit stay of probation under probation statutes	Held: Stays granted by the county court remain in effect until after final disposition of the appeal, but the district court may modify the stay during the pendency of the appeal

Peterson v. People, 113 P.3d 706 (Colo. 2005) (discusses this Court's authority over criminal procedure rules)
People v. Angel, 277 P.3d 231 (Colo. 2012) (interpretation of criminal rules uses same principles as statutory construction)
People v. Zhuk, 239 P.3d 487 (Colo. 2010) (statutory and rule interpretation reviewed de novo)
City of Florence v. Pepper, 145 P.3d 654 (Colo. 2006) (statutes should be harmonized where possible)
People v. Dist. Court, Second Judicial Dist., 713 P.2d 918 (Colo. 1986) (use of "shall" typically has mandatory connotation)