Townsend v. People
252 P.3d 1108
Colo.2011Background
- Townsend, on parole, was ordered to participate in ISP for 180 days under Colorado law.
- Townsend signed paperwork acknowledging ISP terms, including report duties and residence of record at a homeless shelter.
- After a jail release and subsequent revocation hearing, Townsend was reinstated on ISP and later failed to report to either the parole office or the shelter.
- He was charged with class 3 felony escape under 18-8-208(2) and 17-27.5-104 for allegedly failing to stay within ISP-defined extended limits.
- The trial and court of appeals affirmed his conviction; the Colorado Supreme Court granted certiorari.
- The majority held the jury instructions were not reversible and the statute not unconstitutionally vague as applied; Townsend waived separation-of-powers challenges.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are the escape elements correctly stated? | Townsend | People | No reversible error; elements properly stated |
| Is the definition of 'extended limits of confinement' proper? | Townsend | Townsend | Definition acceptable; invited error doctrine applies to defense-drafted instruction |
| Did the court err by defining 'escape' as ongoing conduct from conception? | Townsend | People | Harmless error; no reversible impact on verdict |
| Is section 17-27.5-104 unconstitutionally applied to Townsend? | Townsend | People | Not unconstitutionally applied; evidence supports conviction |
| Did Townsend waive separation-of-powers/nondelegation challenges? | Townsend | People | Waived; no reversal on constitutional grounds |
Key Cases Cited
- Romero v. People, 179 P.3d 984 (Colo. 2007) (de novo review of legal conclusions in jury instruction questions)
- Krueger v. Ary, 205 P.3d 1150 (Colo. 2009) (abuse of discretion in form and style of jury instructions)
- People v. Lanzieri, 25 P.3d 1170 (Colo. 2001) (mere voluntary act required for escape; acts vs thoughts)
- Chapman v. California, 386 U.S. 18 (U.S. 1967) (harmless-error standard for instructional error)
- Perea, 74 P.3d 326 (Colo. App. 2002) (extended limits of confinement refer to geographic/time limits)