Logan v. People for Use of Alamosa County, 18211

• Decision Date: 08 December 1958
• Docket Number: No. 18211,18211
• Citation: 138 Colo. 304,332 P.2d 897
• Parties: Edwin H. LOGAN and Raymond G. Walker, Plaintiffs in Error, v. PEOPLE of the State of Colorado for the Use of ALAMOSA COUNTY, Colorado, Defendant in Error.
• Court: Colorado Supreme Court

Page 897

332 P.2d 897

138 Colo. 304

Edwin H. LOGAN and Raymond G. Walker, Plaintiffs in Error, v. PEOPLE of the State of Colorado for the Use of ALAMOSA COUNTY, Colorado, Defendant in Error.

No. 18211.

Supreme Court of Colorado, En Banc.

Dec. 8, 1958.

Eugene H. Tepley, Denver, for plaintiffs in error.

Gordon H. Rowe, Jr., Dist Atty. Twelfth Judicial Dist., Monte Vista, for defendant in error.

FRANTZ, Justice.

Our resolution of a single, simple question renders unnecessary the determination of other questions raised in this case. That question is: may the trial court in a criminal case impose as one of the conditions of probation that defendant 'furnish a bond in the penal sum of One Thousand Five Hundred Dollars (1500.00) conditioned for his appearance in District Court of Alamosa County on the 9th day of March, 1953 and from day to day and from term to term thereafter, and at all other times upon notice from the Court, the District Attorney or the Probation Officer and abide the further Judgment, Order and Sentence of this Court; said bond to be approved by the Sheriff or Probation Officer of Alamosa County'?

The special cachet of this case is that it presents a question which apparently is receiving an answer for the first time by a reviewing court. A research has failed to turn up precedent currit quatuor pedibus from any jurisdiction. But we believe that Chapter 39, Art. 16, C.R.S. '53, and the purpose and policy of probation indicate the proper answer which must be given to this single question.

C.R.S. '53, 39-16-1, directs that the district courts of judicial districts create probation offices and provide for their operation. 39-16-2 designates in what cases and under what circumstances the probation officer must make a presentence investigation and report.

It is provided in 39-16-3 that certain persons may apply for probation; and when an application is made by an eligible person, the district court is required to

'defer sentence and cause a probation officer to make an investigation of the background of the applicant including any prior criminal record of the defendant and such information about his characteristics, his financial condition and circumstances affecting his behavior as may be helpful in determining the advisability of granting probation and such other information as may be required by the court, and of the facts of the offense of said applicant. The probation officer within such time as the court may prescribe shall make a written report to the court of said investigation, together with his recommendation as to whether or not probation should be granted.'

Provision is made in 39-16-4 for a mental and physical examination of an applicant for probation. All data relating to the applicant is submitted to the court in the form of a written report, upon which the court acts pursuant to 39-16-6:

'When it shall appear to the satisfaction of the court that the ends of justice and the best interests of the public, as well as the defendant, will be best served thereby, the court shall have the power to suspend the imposition or execution of sentence for such period and upon such terms and conditions in conformity with this article as it may deem best. Such court, subject to the provisions of this article, may revoke or modify any condition of probation, or may change the period of probation, The period of probation, together with any extension thereof, shall not exceed five years.' (Emphasis supplied.)

In accordance with 39-16-7 the court may require the defendant to make restitution or reparation to the victim of his transgression, and to pay court costs and expenses of supervision by the probation office. It is the duty of the probation officer, outlined in 39-16-8, to maintain surveillance and supervision of the probationer; 'to aid' the probationer 'and to bring about improvement in [his] conduct and condition'; and to otherwise act in a manner beneficial to the probationer.

39-16-9 ordians what shall be done where the probationer has violated the conditions of probation. Near the conclusion of the section appear these pertinent sentences:

'If the probationer has been taken into custody, such judge, after receiving the report of the probation officer, may admit such probationer to bail conditioned upon his appearance before the court on a day certain. Such bail may be continued from time to time until final order of the court.'

By 39-16-10 the court is empowered 'to...