June 27, 2019

Colorado Supreme Court: Mandatory Disqualification Applies When Conviction Was Under Specified Statutory Section

The Colorado Supreme Court issued its opinion in Colorado Motor Vehicle Dealer Board v. Freeman on Monday, June 20, 2016.

Statutory Interpretation—State Agencies—Motor Vehicles.

The Supreme Court considered whether a person who commits third degree assault on an at-risk adult under C.R.S. §§ 18-3-204 and 18-6.5-103(3)(c) is disqualified from obtaining a motor vehicle salesperson’s license under C.R.S. § 12-6-118(7)(a)(I). The Court held that because the felony enhancement provision does not create a separate offense, Freeman was convicted of a “felony in violation of article 3 . . . of title 18,” C.R.S. § 12-6-118(7)(a)(I), and therefore the Colorado Motor Vehicle Dealer Board properly denied his application for a motor vehicle salesperson’s license. The Court of Appeals’ judgment was reversed.

Summary provided courtesy of The Colorado Lawyer.

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