The Colorado Court of Appeals issued its opinion in People v. Martinez on Thursday, March 26, 2015.
Youthful Offender System—Revocation—Jurisdiction—Motion for Reconsideration—Evidence.
On April 30, 2007, defendant, a juvenile at the time, pleaded guilty to first-degree assault. He received a sentence of eighteen years in the custody of the Department of Corrections (DOC), suspended pending successful completion of a six-year sentence to Youthful Offender System (YOS). On January 18, 2012, while serving the community supervision portion of his YOS sentence, defendant walked away from his YOS residential center. On March 6, 2012, after an administrative hearing, defendant was found guilty of escape without force. The date defendant’s YOS sentence was set to expire (May 12, 2012) passed without the prosecution filing any documents related to revocation proceedings against defendant in Arapahoe County. The prosecution later moved to revoke defendant’s YOS sentence. The trial court denied the prosecution’s motion for lack of jurisdiction.
On appeal, the People contended that the district court erred when it concluded it did not have jurisdiction to revoke defendant’s YOS sentence. By violating conditions of his YOS sentence before the anticipated completion date, defendant did not successfully complete his YOS sentence. Further, the arrest and custodial status of an offender alleged to have violated the terms and conditions of a YOS sentence toll the discharge date of the YOS sentence pending resolution of the charges. Accordingly, the district court retained jurisdiction to revoke defendant’s YOS sentence and impose the original DOC sentence. The Court of Appeals disapproved those portions of the district court’s orders deciding to the contrary.
However, in its order on the prosecution’s motion to reconsider, the trial court ruled in the alternative that if it retained jurisdiction to revoke defendant’s sentence, it was exercising its discretion to dismiss the revocation proceeding based on the DOC’s failure to comply with the provisions of the YOS statute. Because the district court retained discretion to fashion a remedy it deemed appropriate for the statutory violation, the trial court did not abuse that discretion in determining dismissal was the appropriate remedy.
The People further contended that the district court erred when it refused to consider new evidence attached to their motion for reconsideration. Because the applicable rules of criminal and civil procedure did not allow for the introduction of new evidence and the prosecution failed to establish an extraordinary circumstance entitling it to relief under CRCP 60(b)(5), the district court did not abuse its discretion in denying the prosecution’s motion altogether. The order was affirmed and the ruling was disapproved in part.