July 16, 2019

Colorado Court of Appeals: Period of Probation Under Deferred Judgment Does Not Count when Deferral Revoked

The Colorado Court of Appeals issued its opinion in People v. Anderson on Thursday, February 12, 2015.

Probation Termination—CRS § 18-1.3-1008(2).

In 2002, Anderson pleaded guilty to one count of sexual assault on a child, a class 4 felony, and one count of unlawful sexual contact, a class 1 misdemeanor. As part of the plea agreement, Anderson entered into a stipulation for a deferred judgment and sentence on the felony count, which continued the case for four years.

Three years later, the probation department filed a revocation complaint claiming Anderson had been unsuccessfully terminated from his sex offender treatment program for violating his treatment contract and was in arrears on payments toward the costs of his supervision. Anderson admitted to the violations and the district court revoked his deferred judgment and probation.

At a March 2006 hearing, the court sentenced Anderson to probation for ten years to life on the felony count. In August 2013, Anderson moved to terminate his probation and for a review hearing under CRS § 18-1.3-1008(2). He argued that he had been on probation for eleven years. He acknowledged that his deferred judgment had been revoked but claimed he had maintained compliance with his probation. Although the probation department agreed he had successfully completed his treatment, it stated it could not recommend termination because he had not completed ten years of probation. The district court denied Anderson’s request without a hearing.

On appeal, Anderson argued that the period during which he was supervised in connection with his unsuccessful deferred judgment constituted probation within the meaning of CRS § 18-1.3-1008(2). The Court of Appeals was not persuaded. Under the Colorado Sex Offender Lifetime Supervision Act of 1998 (SOLSA), a district court may sentence a sex offender to probation for at least ten years for a class 4 felony. After serving ten years of probation, the offender may petition the court to be discharged from the indeterminate probation sentence. There is no discretion to terminate probation before a sex offender has completed the minimum term of probation. The Court rejected Anderson’s argument that supervision under a deferred judgment is the same as probation under SOLSA. His argument contravenes the plain language of the statute.

The Court concluded that the district court correctly determined it did not have authority to consider Anderson’s request at the time it was made. Accordingly, the order was affirmed.

Summary and full case available here, courtesy of The Colorado Lawyer.

Print Friendly, PDF & Email

Speak Your Mind

*