People v. Carr, No. 26007

Docket NºNo. 26007
Citation185 Colo. 293, 524 P.2d 301
Case DateJuly 01, 1974
CourtSupreme Court of Colorado

Page 301

524 P.2d 301
185 Colo. 293
The PEOPLE of the State of Colorado, Plaintiff-Appellee,
v.
Debra A. CARR, Defendant-Appellant.
No. 26007.
Supreme Court of Colorado, En Banc.
July 1, 1974.
Rehearing Denied July 29, 1974.

[185 Colo. 295]

Page 302

John P. Moore, Atty. Gen., John E. Bush, Deputy Atty. Gen., David A. Sorenson, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Kathy P. Bonham, Denver, for defendant-appellant.

GROVES, Justice.

In an earlier proceeding the defendant pleaded Nolo contendere to a charge of obtaining narcotic drugs by fraud and deceit. The defendant's sentence was suspended and she was placed on probation for five years.

In this case, after receiving testimony at a probation revocation hearing, the district court found (1) that the defendant had failed to pay supervision costs, (2) that the defendant had used narcotics, and (3) that the defendant had violated the laws of the State of Colorado, all in violation of conditions of the terms of her probation. The court then revoked the defendant's probation and sentenced her to an indeterminate term of imprisonment not to exceed two [185 Colo. 296] years. The defendant appeals the district court's revocation order.

I

The Attorney General asks that we dismiss the appeal, contending that probation revocation orders are reviewable only via Crim.P. 35(b) and not by direct appeal. We disagree.

C.A.R. 1 provides for the appealability of final judgments of the district court. In the past we have considered probation revocation orders appealable as final judgments, E.g., People v. Varner, Colo., 508 P.2d 390 (1973). The Attorney General argues that as of July 1, 1972, Colo. Sess.Laws 1972, ch. 44, § 39--12--101 at 253 prohibits any direct appeal of a probation revocation order. This statute provides that '(e)very person convicted of an offense under the statutes of this state shall have the right of appeal to review the proceedings resulting in conviction.' Assuming, Arguendo, that a probation revocation order is not a 'proceeding resulting in conviction,' a revocation order would not be appealable as a matter of right under section 39--12--101. However, there is nothing in the statute prohibiting a direct appeal of a probation revocation order under C.A.R. 1.

II

The defendant first challenges the constitutionality of Colo.Sess.Laws 1972, ch. 44, 39--11--206(3) at 246. Because this issue was not raised in the district court, we will not consider it on appeal. Valley v. People, 165 Colo. 555, 441 P.2d 14 (1968), cert. denied, 393 U.S. 925, 89 S.Ct. 256, 21 L.Ed.2d 260 (1968).

III

In the situation where an alleged violation of a condition of probation consists of an offense which is the subject of a pending criminal proceeding, the court has...

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29 practice notes
  • U.S. v. Bazzano, No. 81-1936
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • June 17, 1983
    ...State v. DeLomba, 117 R.I. 673, 370 A.2d 1273 (1977); State v. Evans, 77 Wis.2d 225, 252 N.W.2d 664 (1977). See also People v. Carr, 185 Colo. 293, 524 P.2d 301 (1974). The Ninth Circuit in Ryan, supra, while declining to hold that use immunity was constitutionally required, recognized the ......
  • Dickerson v. State, No. 51079
    • United States
    • United States Court of Appeals (Georgia)
    • November 21, 1975
    ...would be relieved of 'the danger of abuses occurring as a result of the informality of the revocation hearing.' People v. Carr, 524 P.2d 301, 303 (Colo.1974). Moreover, the possibility of having to undergo a criminal trial following a revocation hearing on the same charges would be eliminat......
  • Byrd v. People, No. 01SC850.
    • United States
    • Colorado Supreme Court of Colorado
    • November 18, 2002
    ...lies within the discretion of the trial court. People v. Ray, 192 Colo. 391, 395, 560 P.2d 74, 76-77 (1977)(citing People v. Carr, 185 Colo. 293, 524 P.2d 301 (1974)); see also § 16-11-206(3), 6 C.R.S. (2002)("The court may ... continue the probation revocation hearing until the termination......
  • McCracken v. Corey, No. 3503
    • United States
    • Supreme Court of Alaska (US)
    • May 30, 1980
    ...prosecution need not hold the criminal trial first or grant use immunity for testimony given at the revocation hearing; People v. Carr, 185 Colo. 293, 524 P.2d 301 (1974); State v. Randall, 27 Or.App. 869, 557 P.2d 1386, 1389-90 20 The state can, of course, require bail or detain the indivi......
  • Request a trial to view additional results
29 cases
  • U.S. v. Bazzano, No. 81-1936
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • June 17, 1983
    ...State v. DeLomba, 117 R.I. 673, 370 A.2d 1273 (1977); State v. Evans, 77 Wis.2d 225, 252 N.W.2d 664 (1977). See also People v. Carr, 185 Colo. 293, 524 P.2d 301 (1974). The Ninth Circuit in Ryan, supra, while declining to hold that use immunity was constitutionally required, recognized the ......
  • Dickerson v. State, No. 51079
    • United States
    • United States Court of Appeals (Georgia)
    • November 21, 1975
    ...would be relieved of 'the danger of abuses occurring as a result of the informality of the revocation hearing.' People v. Carr, 524 P.2d 301, 303 (Colo.1974). Moreover, the possibility of having to undergo a criminal trial following a revocation hearing on the same charges would be eliminat......
  • Byrd v. People, No. 01SC850.
    • United States
    • Colorado Supreme Court of Colorado
    • November 18, 2002
    ...lies within the discretion of the trial court. People v. Ray, 192 Colo. 391, 395, 560 P.2d 74, 76-77 (1977)(citing People v. Carr, 185 Colo. 293, 524 P.2d 301 (1974)); see also § 16-11-206(3), 6 C.R.S. (2002)("The court may ... continue the probation revocation hearing until the termination......
  • McCracken v. Corey, No. 3503
    • United States
    • Supreme Court of Alaska (US)
    • May 30, 1980
    ...prosecution need not hold the criminal trial first or grant use immunity for testimony given at the revocation hearing; People v. Carr, 185 Colo. 293, 524 P.2d 301 (1974); State v. Randall, 27 Or.App. 869, 557 P.2d 1386, 1389-90 20 The state can, of course, require bail or detain the indivi......
  • Request a trial to view additional results

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