People v. Medina, No. 27355
| Docket Nº | No. 27355 |
| Citation | 193 Colo. 190, 564 P.2d 119 |
| Case Date | May 16, 1977 |
| Court | Supreme Court of Colorado |
Page 119
v.
Elias MEDINA, Defendant-Appellant.
[193 Colo. 191]
Page 120
J. D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Deborah L. Bianco, Asst. Atty. Gen., Denver, for plaintiff-appellee.O. John Kuenhold, Alamosa, for defendant-appellant.
HODGES, Justice.
Defendant Medina was charged with attempted rape, 1 burglary, 2 and being an habitual criminal. 3 He entered a plea of not guilty to all charges and elected to be tried to the court. The trial court found defendant guilty of all charges and sentenced him to a term of not less than forty or more than fifty years in the state penitentiary. This is the minimum sentence [193 Colo. 192] provided under the habitual criminal statute then in effect. 4 On this appeal, the defendant challenges only the sentence imposed. He does not claim any error with respect to the attempted rape and burglary convictions.
At the hearing on the defendant's motion to reduce sentence, he complained that the trial court had failed to advise him about the possibility of being sentenced under the 'Colorado Sex Offenders Act of 1968,' sections 16--13--201 Et seq., C.R.S. 1973, and asserted that the habitual criminal statute is unconstitutional. The trial court denied the motion to reduce sentence. We agree with that ruling and affirm the sentence imposed by the trial court.
I.
The defendant raises two points about the Colorado Sex Offenders Act. He claims first that the trial court erroneously acted on the belief that it is applicable only to those offenders who plead guilty, and not to those who are convicted by court or jury after pleading not guilty. Secondly, defendant challenges the court's failure to
Page 121
advise him of the possibility of sentencing under the Act.Obviously, the Act applies to those convicted by trial as well as by plea. Section 16--13--205 provides:
'. . . within twenty days after the conviction of a sex offense, upon the motion of the district attorney, the defendant, or the court, the court shall commence proceedings under this part 2 . . .'
Section 16--13--202 of the Act defines 'conviction' as meaning 'conviction after trial by court or jury, or acceptance of a plea of guilty.' Any defendant convicted by plea or trial by court or jury may request commencement of proceedings under the Act...
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Wimberly v. Williams, 20-1128
...People v. White , 656 P.2d 690, 694 n.3 (Colo. 1983), or• "sentence." People v. Kibel , 701 P.2d 37, 40 (Colo. 1985) ; People v. Medina , 193 Colo. 190, 564 P.2d 119, 121 (1977) ; People v. Breazeale , 190 Colo. 17, 544 P.2d 970, 976 (1975).And when imposing a sentence, courts typically "co......
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Wimberly v. Williams, 20-1128
...People v. White, 656 P.2d 690, 694 n.3 (Colo. 1983), or . "sentence." People v. Kibel, 701 P.2d 37, 40 (Colo. 1985); People v. Medina, 564 P.2d 119, 121 (Colo. 1977); People Breazeale, 544 P.2d 970, 976 (Colo. 1975). And when imposing a sentence, courts typically "commit" the defendant to c......
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People v. White, No. 80SA348
...v. People, 152 Colo. 147, 380 P.2d 903 (1963); Trueblood 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. ......
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People v. Atencio, No. 27071
...reversal. The relevant inquiry is whether the prosecution 'utilized defendant's silence as a means of creating an inference of guilt.' [193 Colo. 190] Hines v. People, supra. See also Meader v. People, 178 Colo. 383, 497 P.2d 1010; Montoya v. People, 169 Colo. 428, 457 P.2d 397; Martinez v.......
-
Wimberly v. Williams, 20-1128
...People v. White , 656 P.2d 690, 694 n.3 (Colo. 1983), or• "sentence." People v. Kibel , 701 P.2d 37, 40 (Colo. 1985) ; People v. Medina , 193 Colo. 190, 564 P.2d 119, 121 (1977) ; People v. Breazeale , 190 Colo. 17, 544 P.2d 970, 976 (1975).And when imposing a sentence, courts typically "co......
-
Wimberly v. Williams, 20-1128
...People v. White, 656 P.2d 690, 694 n.3 (Colo. 1983), or . "sentence." People v. Kibel, 701 P.2d 37, 40 (Colo. 1985); People v. Medina, 564 P.2d 119, 121 (Colo. 1977); People Breazeale, 544 P.2d 970, 976 (Colo. 1975). And when imposing a sentence, courts typically "commit" the defendant to c......
-
People v. White, No. 80SA348
...v. People, 152 Colo. 147, 380 P.2d 903 (1963); Trueblood 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 v. Atencio, No. 27071
...reversal. The relevant inquiry is whether the prosecution 'utilized defendant's silence as a means of creating an inference of guilt.' [193 Colo. 190] Hines v. People, supra. See also Meader v. People, 178 Colo. 383, 497 P.2d 1010; Montoya v. People, 169 Colo. 428, 457 P.2d 397; Martinez v.......