261 P.3d 485
Colo. Ct. App.2010Background
- Trujillo pled guilty to incest and received a ten-year-to-life SOISP term, to run consecutive to the incarceration component of Weld County 01 CR407 and concurrent with its parole.
- On March 3, 2005 the court sentenced him to indeterminate SOISP, effective immediately, under the stipulated terms.
- In July 2008 Trujillo was paroled in 01 CR407 and signed SOISP conditions on July 22, 2008.
- In April 2009 a SOISP revocation complaint alleged violations in September 2008 (on parole) and April 2009 (on parole, in a community corrections facility).
- Trujillo moved to dismiss, arguing SOISP had not begun due to ongoing DOC custody; the court denied, revoking probation and imposing a seven-to-life DOC sentence.
- On appeal, Trujillo argued lack of jurisdiction to revoke because SOISP had not commenced at the time of alleged violations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Authority to order consecutive probation to another sentence | People contends trial court may order consecutive probation to another sentence. | Trujillo argues cannot order consecutive probation to an incarceration component of another sentence. | Court held authority exists to order consecutive to the incarceration component. |
| Effect of probation start when serving another sentence | Probation may be deferred start; statute allows effect on entry and stays via appeal process. | Deferral would delay supervision and run afoul of probation statutes. | Deferral is permissible; SOISP may commence later consistent with sentencing order. |
| Enforcement of plea agreement interpretation | SOISP began with the DOC sentence in 01 CR407 as stated in the plea. | SOISP commencement includes the mandatory parole period, not just incarceration. | SOISP commenced when paroled, consistent with the plea, and revocation jurisdiction valid. |
Key Cases Cited
- People v. Pasillas-Sanchez, 214 P.3d 520 (Colo.App.2009) (probationary sentences can be consecutive to another sentence)
- Chism v. People, 80 P.3d 293 (Colo.2003) (probation terms derive from statute; creature of statute)
- People v. Taylor, 876 P.2d 130 (Colo.App.1994) (probation order effective on entry; stay rules during appeal)
- People v. Bador, 931 P.2d 487 (Colo.App.1996) (practicalities of consecutive probationary sentences considered)
- Craig v. People, 986 P.2d 951 (Colo.2000) (mandatory parole provisions and custody considerations)