September 23, 2017

Colorado Court of Appeals: Statute of Limitations Tolled While Defendant Incarcerated in Minnesota

The Colorado Court of Appeals issued its opinion in People v. Butler on Thursday, September 7, 2017.

Sexual Assault—Child—Statute of Limitations—Tolling—Out-of-State.

In 1995, Butler was convicted in Colorado and sentenced to 14 years’ imprisonment for sexually assaulting a child. In 1999, the Colorado Department of Corrections (DOC) placed Butler in a Minnesota prison, where he served the remainder of his Colorado sentence until he was released in 2006. A month after his release, Butler attempted to contact L.W., prompting L.W. to report abuse he had allegedly suffered as a child between January 1992 and May 1995. Charges were then brought against Butler in the present case based on L.W.’s allegations of sexual assault, and he was convicted. Butler filed a Crim. P. 35(c) motion asserting that the charges were barred by the applicable 10-year statute of limitations. The postconviction court denied Butler’s motion based on tolling of Colorado’s limitations period while Butler was incarcerated and thus “absent from the state of Colorado.” Butler did not raise the statute of limitations argument on direct appeal.

The people initially contended that Butler was barred from pursuing his statute of limitations claim in a postconviction proceeding under the abuse of process rule. However, under an exception to the abuse of process rule, any claim that the sentencing court lacked subject matter jurisdiction may be pursued in a postconviction proceeding. Consequently, Butler’s claim was not barred.

On appeal, Butler contended that the postconviction court erred in ruling that the trial court had subject matter jurisdiction for purposes of the statute of limitations’ tolling provision because he was absent from Colorado while he was incarcerated in Minnesota for his prior Colorado convictions. The Colorado Court of Appeals concluded that a defendant is “absent” from Colorado for statute of limitations purposes when he has been transferred by the DOC to an out-of-state facility to serve out the remainder of a Colorado sentence. Consequently, the applicable 10-year limitations period was tolled while Butler was in Minnesota. Additionally, under the circumstances here, the prosecution’s failure to plead Butler’s absence from the state did not deprive the court of jurisdiction to proceed.

The order was affirmed.

Summary provided courtesy of Colorado Lawyer.

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