People v. Manzo

• Decision Date: 02 October 2006
• Docket Number: No. 05SC203.,05SC203.
• Citation: 144 P.3d 551
• Parties: Petitioner/Cross-Respondent: The PEOPLE of the State of Colorado, v. Respondent/Cross-Petitioner: Patrick Allen MANZO.
• Court: Colorado Supreme Court

144 P.3d 551

Petitioner/Cross-Respondent: The PEOPLE of the State of Colorado, v. Respondent/Cross-Petitioner: Patrick Allen MANZO.

No. 05SC203.

Supreme Court of Colorado, En Banc.

October 2, 2006.

John W. Suthers, Attorney General, Paul Koehler, Assistant Attorney General, Appellate Division, Criminal Justice Section, Denver, for Petitioner/Cross-Respondent.

Maguire & Rabun, LLC, Bruce H. Rabun, Greenwood Village, for Respondent/Cross-Petitioner.

Justice EID does not participate.

RICE, Justice.

We granted certiorari to review the court of appeals' decision construing the offense of Leaving the Scene of an Accident with Serious Injury, section 42-4-1601, C.R.S. (2006), in People v. Manzo, 114 P.3d 78 (Colo.App. 2005).¹ The court of appeals first held that to be found guilty of Leaving the Scene of an Accident with Serious Injury a defendant must have known that he or she was involved in an accident. Second, the court of appeals held that section 42-4-1601 does not require the defendant to act with knowledge that serious injuries resulted from the accident. Upon review, we hold that Leaving the Scene of an Accident with Serious Injury constitutes a strict liability offense because the plain language of the statute does not require or imply a culpable mental state. Accordingly, we reverse in part and affirm in part the judgment of the court of appeals.

I. Factual and Procedural History

This case stems from a car accident that occurred while Respondent Patrick Allen Manzo was driving his truck. As Manzo pulled out of a parking lot, his truck sideswiped a southbound vehicle. The collision caused the southbound vehicle to travel off the roadway and into a field. Manzo did not stop or remain at the scene of the accident. As a result of the accident, three of the four occupants of the sideswiped vehicle sustained serious injuries.

At the scene of the accident, the police discovered a license plate and a large metal guard which had fallen from the front of Manzo's truck. The police identified Manzo through the license plate. Manzo was charged with one count of Leaving the Scene of an Accident with Serious Injury, section 42-4-1601(1), (2)(b), C.R.S. (2006),² one count of Failure to Report an Accident, section 42-4-1606(1), C.R.S. (2006), and three counts of Careless Driving, section 42-4-1402, C.R.S. (2006).

Pursuant to a plea agreement, Manzo pleaded guilty to one count of Leaving the Scene of an Accident with Serious Injury and the other counts were dismissed. The "Petition to Enter Plea of Guilty" instructed Manzo of the elements of Leaving the Scene as follows:

1. That the defendant,

2. in the State of Colorado, at or about the date and place charged,

3. being the driver or operator of a vehicle,

4. directly involved in an accident which resulted in serious bodily injury to another person,

5. did unlawfully fail to immediately stop his vehicle at the scene or as close thereto as possible or forthwith return to or in every event,

6. remain at the scene until he had fulfilled the requirements of Section 42-4-1603, C.R.S.

Several paragraphs of explanations and definitions followed the enumerated elements. The first paragraph stated:

A person acts "knowingly" with respect to conduct or to a circumstance described by a statute defining an offense when he is aware that his conduct is of such nature or that such circumstance exists. A person acts knowingly with respect to a result of his conduct when he is aware that his conduct is practically certain to cause the result.

The "Petition to Enter Plea of Guilty" did not relate the definition of knowingly to the enumerated elements.

The trial court entered a judgment of conviction and sentenced Manzo to two years and ten months in the Department of Corrections. Subsequently, Manzo filed a motion for postconviction relief pursuant to Colorado Rule of Criminal Procedure 35(c). Manzo sought to withdraw his guilty plea and vacate the judgment of conviction and sentence, arguing that he did not enter his guilty plea voluntarily and knowingly. Specifically, Manzo argued that the trial court violated Criminal Rule of Procedure 11 because the trial court failed to advise him regarding the culpable mental state required for Leaving the Scene of an Accident with Serious Injury. The trial court denied the 35(c) motion, and Manzo filed an appeal.

In People v. Manzo, 114 P.3d 78 (Colo. App.2005), a two judge majority of the court of appeals held that the trial court failed to provide an adequate advisement. The majority concluded that section 42-4-1601 requires that a defendant must have known that he or she was involved in an accident. Manzo, 114 P.3d at 82. In so holding, the court relied on section 18-1-503(2), C.R.S. (2006), and reasoned that because Leaving the Scene of an Accident with Serious Injury is a class 5 felony, the General Assembly must have intended a culpable mental state. Id. at 81. The court also emphasized that "most courts in other jurisdictions have construed hit-and-run statutes to require knowledge of the occurrence of the collision, injury, or damage...." Id. (citation omitted). The court rejected Manzo's argument that the offense of Leaving the Scene of an Accident with Serious Injury requires that the defendant "must also have acted with knowledge that serious injuries were incurred in the accident" and concluded that such a requirement could defeat the public interest served by requiring drivers to stop and determine whether other people need assistance. Id. at 82. The court reversed the trial court's order denying postconviction relief, vacated the judgment of conviction and sentence, and remanded the case. Id.

Judge Russel dissented, reasoning that the plain language of the statute controlled and concluding that section 42-4-1601 creates a strict liability offense. Manzo, 114 P.3d at 82-84 (Russel, J., dissenting).

The People filed a petition for writ of certiorari, and Manzo filed a cross-petition. We granted certiorari review to determine whether Leaving the Scene of an Accident with Serious Injury is a strict liability offense or whether the offense requires knowledge that an accident occurred and knowledge that serious bodily injury resulted.

II. Analysis

The People argue that Leaving the Scene of an Accident with Serious Injury is a strict liability offense and, therefore, the court of appeals erred in vacating the judgment of conviction and sentence. In response, Manzo argues that section 42-4-1601 implies a culpable mental state; to be found guilty a driver must know that an accident occurred and that injuries resulted. We agree with the People.

A. Statutory Construction

We must interpret section 42-4-1601 to determine whether the court of appeals erred in holding that the statute requires a culpable mental state of "knowingly." The proper construction of a statute is a question of law that we review de novo. Alvarado v. People, 132 P.3d 1205, 1207 (Colo.2006). "The power to define criminal conduct and to establish the legal components of criminal liability is vested in the General Assembly." Gorman v. People, 19 P.3d 662, 665 (Colo.2000). Thus, in construing the meaning of a statute, we must determine and give effect to the legislature's intent. People v. Madden, 111 P.3d 452, 457 (Colo.2005). In so doing, we look to the plain and ordinary meaning of the statutory language, and we construe the statute to further the legislative intent represented by the statutory scheme. Id.

1. The Plain Language of Section 42-4-1601 Does Not Require a Culpable Mental State.

The Leaving the Scene of an Accident with Serious Injury statute, section 42-4-1601, C.R.S. (2006), provides:

(1) The driver of any vehicle directly involved in an accident resulting in injury to, serious bodily injury to, or death of any person shall immediately stop such vehicle at the scene of such accident or as close to the scene as possible but shall immediately return to and in every event shall remain at the scene of the accident until the driver has fulfilled the requirements of section 42-4-1603(1).³

The statute's penalty provision follows, and the penalties vary based on the type of harm that results from the accident. A driver commits a class 1 misdemeanor traffic offense if the accident resulted in injury to any person, a class 5 felony if the accident resulted in serious bodily injury to any person, and a class 4 felony if the accident resulted in the death of any person. § 42-4-1601(2).

Section 42-4-1601 does not specify a culpable mental state. Although legislative silence regarding mental state is not conclusive, "it is well settled that the legislature may make a prohibited act a crime, irrespective of the elements of intent or scienter, when public policy so requires." People v. Caddy, 189 Colo. 353, 354-55, 540 P.2d 1089, 1090 (1975). Section 18-1-502, C.R.S. (2006),⁴ sets forth the general requirements for criminal liability:

The minimum requirement for criminal liability is the performance by a person of conduct which includes a voluntary act or the omission to perform an act which he is physically capable of performing. If that conduct is all that is required for commission of a particular offense, or if an offense or some material element thereof does not require a culpable mental state on the part of the actor, the offense is one of "strict liability". If a culpable mental state on the part of the actor is required with respect to any material element of an offense, the offense is one of "mental culpability". (emphasis added)

Section 42-4-1601 creates a duty for a driver involved in an accident to stop at the scene, render aid, and fulfill statutory reporting requirements. The failure to fulfill this duty constitutes an omission to perform an act that a driver is physically capable of performing. Thus, the plain and ordinary meaning of the statutory language meets the minimum requirement for criminal liability, and section 42-4-1601...