People v. Boyd
Decision Date | 29 March 2001 |
Docket Number | No. 99CA1896.,99CA1896. |
Citation | 30 P.3d 819 |
Parties | The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Bertha Denise BOYD, Defendant-Appellant. |
Court | Colorado Court of Appeals |
Ken Salazar, Attorney General, Julia A. Thomas, Assistant Attorney General, Denver, CO, for Plaintiff-Appellee.
David S. Kaplan, Colorado State Public Defender, Shann Jeffery, Deputy State Public Defender, Denver, CO, for Defendant-Appellant.
Opinion by Judge VOGT.
Defendant, Bertha Denise Boyd, appeals the judgment of conviction entered upon a jury verdict finding her guilty of two counts of providing false information to a pawnbroker. We affirm.
Defendant's conviction was based on evidence establishing that she provided false information to a pawnbroker regarding the length of time she had owned the items she pawned, in violation of § 12-56-103(1), C.R.S.2000. Her sole contention on appeal is that she has been denied equal protection of the laws because providing false information to a pawnbroker, a class five felony under § 12-56-104(5), C.R.S.2000, is not rationally distinguishable, for purposes of assigning different punishments, from providing false information to a purchaser of valuable articles, a class six felony under § 18-16-108, C.R.S. 2000.
Defendant did not raise this contention at any time in the trial court. Therefore, we decline to consider it. See People v. Cagle, 751 P.2d 614, 619 (Colo.1988)
(); see also People v. Lesney, 855 P.2d 1364 (Colo.1993) ( ); People v. Frank, 30 P.3d 664 (Colo.App.2000) ( ).
Moreover, we do not agree with defendant that, notwithstanding the general principle set forth in these cases, her contention may be reviewed under the plain error doctrine, which allows an appellate court to correct particularly egregious unpreserved errors. See Crim.P. 52(b); People v. Harlan, 8 P.3d 448 (Colo.2000).
Defendant argues that, under the plain error standard as articulated in Harlan, reversal of her conviction is required unless the court is "convinced beyond a reasonable doubt that there is no reasonable probability that [she] could have been prejudiced by the equal protection violation." However, the contention presented on...
To continue reading
Request your trial-
People v. Hinojas-Mendoza, Court of Appeals No. 03CA0645 (CO 7/28/2005)
...arguments, especially challenges to the facial constitutionality of a statute, raised for the first time on appeal. People v. Boyd, 30 P.3d 819 (Colo. App. 2001) (citing People v. Cagle, 751 P.2d 614 (Colo. Here, Crawford v. Washington, supra, was decided during the pendency of the appeal, ......
-
People v. Fuentes-Espinoza
...statutes. People v. Baker, 178 P.3d 1225, 1235 (Colo.App.2007) ; People v. Shepherd, 43 P.3d 693, 701 (Colo.App.2001) ; People v. Boyd, 30 P.3d 819, 820 (Colo.App.2001).¶ 15 At least two judges have written separately to express their differing views about when and how unpreserved attacks o......
-
People v. Houser
...People v. Salinas, 55 P.3d 268, 269 (Colo.App.2002); People v. Skinner, 53 P.3d 720, 725 (Colo.App.2002); People v. Boyd, 30 P.3d 819, 820 (Colo.App.2001); People v. Shepherd, 43 P.3d 693, 701 (Colo.App.2001); People v. Frank, 30 P.3d 664, 666 (Colo.App.2000). 5. Cases such as Estep, which ......
-
People v. Houser
...; People v. Salinas, 55 P.3d 268, 269 (Colo.App.2002) ; People v. Skinner, 53 P.3d 720, 725 (Colo.App.2002) ; People v. Boyd, 30 P.3d 819, 820 (Colo.App.2001) ; People v. Shepherd, 43 P.3d 693, 701 (Colo.App.2001) ; People v. Frank, 30 P.3d 664, 666 (Colo.App.2000).5 Cases such as Estep, wh......