People v. Lyons, No. 25732
| Docket Nº | No. 25732 |
| Citation | 521 P.2d 1265, 185 Colo. 112 |
| Case Date | May 13, 1974 |
| Court | Supreme Court of Colorado |
Page 1265
v.
Joseph Carl LYONS, Defendant-Appellant.
[185 Colo. 113]
Page 1266
John P. Moore, Atty. Gen., John E. Bush, Deputy Atty. Gen., E. Ronald Beeks, Asst. Atty. Gen., Denver, for plaintiff-appellee.Rollie R. Rogers, Colorado State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Thomas M. Van Cleave, III, Deputy State Public Defender, for defendant-appellant.
DAY, Justice.
This is an appeal from a sentence of from twenty-five years to life and dismissal of proceedings under the 'Colorado Sex Offenders Act of 1968,' 1969 Perm.Supp., C.R.S.1963, 39--19--1 et seq. The only issue presented by appellant Lyons is whether the doctrine of collateral estoppel affords him the right to require a trial court to adopt a previous finding in another case--before a different district judge--that he was a threat to the members of the public under section 39--19--11(2). In our view, however, the doctrine of collateral estoppel has no application, for we hold that under the Act the district court has the option of sentencing or committing a defendant who has been found to be a threat to the public.
Appellant has a long and varied history of sexual offenses. [185 Colo. 114] In late 1971, he was arrested and charged with numerous sexual offenses. The charges evolved into two distinct criminal actions. In case No. 16492, a two-count information, he was charged in count I with taking indecent liberties with a child under the age of sixteen on October 11, 1971, and, in count II, with unnatural carnal copulation occurring on the same date. In case No. 16488, he was charged with statutory rape, allegedly committed on May 31, 1971. In both cases, Lyons plead guilty and filed a motion to proceed under the Colorado Sex Offenders Act, 1969, Perm.Supp., C.R.S.1963, 39--19--5. Because these offenses were the result of distinctly different acts, they were not joined in the same proceeding, Crim.P. 13, 14.
In case No. 16492, which was resolved first, the district court determined that Lyons constituted a threat of bodily harm to members of the public as provided in section 39--19--11(2) and ordered that he be committed pursuant to section 39--19--3 from one day to life. Contrary to the action of the judge then sitting in the district court, a different judge terminated the proceedings under...
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Wimberly v. Williams, 20-1128
...term, the sentencing court could not impose a "concurrent term for the underlying offense." Id. ; see also People v. Lyons , 185 Colo. 112, 521 P.2d 1265, 1267 (1974) (stating that Sanchez "established that the district courts could not give a defendant ... a sentence of commitment and a se......
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Wimberly v. Williams, 20-1128
...indeterminate term, the sentencing court could not impose a "concurrent term for the underlying offense." Id.; see also People v. Lyons, 521 P.2d 1265, 1267 (Colo. 1974) (stating that Sanchez "established that the district courts could not give a defendant . . . a sentence of commitment and......
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People v. White, No. 80SA348
...v. Tinsley, 148 Colo. 503, 366 P.2d 655 (1961); see also People v. Medina, 193 Colo. 190, 564 P.2d Page 693 119 (1977); People v. Lyons, 185 Colo. 112, 521 P.2d 1265 (1974); Jordan v. People, 161 Colo. 54, 419 P.2d 656 (1966); Ray v. People, 160 Colo. 173, 415 P.2d 328 (1966); Raullerson v.......
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Christensen v. People, No. 93SA194
...by the legislature as one of several options available to trial courts for the sentencing of convicted sex offenders. People v. Lyons, 185 Colo. 112, 114, 521 P.2d 1265, 1267 (1974). We also examine the role of the parole board under the The Sex Offenders Act is set out in sections 16-13-20......
-
Wimberly v. Williams, 20-1128
...term, the sentencing court could not impose a "concurrent term for the underlying offense." Id. ; see also People v. Lyons , 185 Colo. 112, 521 P.2d 1265, 1267 (1974) (stating that Sanchez "established that the district courts could not give a defendant ... a sentence of commitment and a se......
-
Wimberly v. Williams, 20-1128
...indeterminate term, the sentencing court could not impose a "concurrent term for the underlying offense." Id.; see also People v. Lyons, 521 P.2d 1265, 1267 (Colo. 1974) (stating that Sanchez "established that the district courts could not give a defendant . . . a sentence of commitment and......
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People v. White, No. 80SA348
...v. Tinsley, 148 Colo. 503, 366 P.2d 655 (1961); see also People v. Medina, 193 Colo. 190, 564 P.2d Page 693 119 (1977); People v. Lyons, 185 Colo. 112, 521 P.2d 1265 (1974); Jordan v. People, 161 Colo. 54, 419 P.2d 656 (1966); Ray v. People, 160 Colo. 173, 415 P.2d 328 (1966); Raullerson v.......
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Christensen v. People, No. 93SA194
...by the legislature as one of several options available to trial courts for the sentencing of convicted sex offenders. People v. Lyons, 185 Colo. 112, 114, 521 P.2d 1265, 1267 (1974). We also examine the role of the parole board under the The Sex Offenders Act is set out in sections 16-13-20......