People v. Smith, No. 97SC432

• Docket Nº: No. 97SC432
• Citation: 971 P.2d 1056
• Case Date: January 11, 1999
• Court: Supreme Court of Colorado

Page 1056

971 P.2d 1056 1999 CJ C.A.R. 135 The PEOPLE of the State of Colorado, Petitioner,
v.
Kimberly SMITH, Respondent. No. 97SC432. Supreme Court of Colorado,
En Banc. Jan. 11, 1999.
Rehearing Denied Feb. 16, 1999.

Page 1057

Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. Westfall, Solicitor General, John Daniel Dailey, Deputy Attorney General, Robert Mark Russel, First Assistant Attorney General, Catherine P. Adkisson, Assistant Attorney General, Criminal Enforcement Section Denver, Colorado, Attorneys for Petitioner

David F. Vela, Colorado State Public Defender, Anne Stockham, Deputy State Public Defender, Denver, Colorado Attorneys for Respondent

Chief Justice MULLARKEY delivered the Opinion of the Court.

We granted certiorari to resolve the issue of whether a defendant serving a mandatory sentence for child abuse resulting in death is eligible for sentence modification upon completion of the regimented inmate training program. We hold that, in general, such a defendant is eligible for sentence reduction. However, because we conclude that a court may not impose a sentence below the statutory minimum, and the defendant in this case received the statutory minimum sentence, she was not eligible for sentence reduction. Therefore, we reverse the court of appeals' judgment in People v. Smith, 946 P.2d 570 (Colo.App.1997) and return the case to the court of appeals with directions to consider the defendant's constitutional claims.

I. FACTS AND PRIOR DISPOSITION

The defendant, Kimberly Smith, was the stepmother of Shamika Smith. On February 4, 1991, Shamika Smith, then six years old, was admitted to Memorial Hospital with a severe closed-head injury. She remained in a coma until March 12, 1991 when she died as a result of her injury. Kimberly Smith was the only person present when her stepdaughter was injured. On March 25, 1991, Smith was charged by information with child abuse resulting in death, in violation of section 18-6-401(7)(a)(I), 8B C.R.S. (1986).

On November 7, 1991 a jury returned a guilty verdict, and the trial court sentenced Smith to sixteen years in the custody of the Department of Corrections. In November 1994, Smith filed a Motion for Sentence Reconsideration pursuant to Crim. P. 35(b). The trial court denied her motion, explaining that it did not have legal authority to reduce her sentence below the mandatory minimum of sixteen years. The court of appeals affirmed the trial court's judgment. See People v.Smith, 932 P.2d 830 (Colo.App.1996), cert. denied, No. 96SC558 (Colo. Mar. 17, 1997).

While Smith's appeal from denial of her Crim. P. 35(b) motion was pending, the Department of Corrections assigned her to the regimented inmate training program (RITP) or "boot camp." See §§ 17-27.7-101 to -104, 6 C.R.S. (1998). She successfully completed the program and filed a timely motion for reduction of her sentence pursuant to section 17-27.7-104. At the resentencing hearing, Smith presented testimony from, among others, Lieut. Patrick Drawbridge, her senior case manager for the RITP. Lieut. Drawbridge praised Smith's conduct and recommended her for sentence reduction or placement in a community corrections program. In other testimony, Smith's RITP conduct was described as being "an example to her peers." Despite this testimony, the trial court denied her motion, again finding that it did not have authority to reduce her sentence below the statutory minimum. On appeal, the court of appeals reversed the trial court's decision. See Smith, 946 P.2d at 573. The court of appeals relied on a distinction between "suspending" a sentence and "modifying" a sentence. The court found that although section 18-1-105(9)(d)(II) prohibited the trial court from suspending any part of Smith's sentence, it did not bar the trial court from modifying her sentence pursuant to section 17-27.7-104. See id. at 572-73. We granted certiorari, and we now reverse the court of appeals' judgment.

II. Analysis

A.

This case raises an issue regarding the interplay between resentencing under the RITP act and mandatory sentencing following a conviction for child abuse resulting in death. The People argue that although

Page 1058

Smith was eligible to participate in the RITP or "boot camp" program, she was not eligible to take advantage of the "reward" provision. According to their reading, the mandatory sentencing provision and the RITP act conflict in this case because successful completion of the RITP qualified Smith for sentence reduction under section 17-27.7-104, yet she had already received the mandatory minimum sentence. See § 18-1-105(9)(d), 6 C.R.S. (1998) (mandatory sentencing provision). The People reason that the mandatory sentencing provision must govern these circumstances because it is specific to sentencing, and the legislature intended to establish an absolute minimum sentence that could not be lowered by the sentencing court.

According to Smith the plain language of section 17-27.7-104 establishes the trial court's discretion to "issue an order modifying the offender's sentence and placing the offender on probation or in a community corrections program." ¹ Smith asserts that the General Assembly has not restricted the sentencing court's exercise of this discretion in any manner. To resolve any conflict with the mandatory sentencing statute, she relies on the court of appeals' distinction between "modification" of a sentence, allegedly permissible under section 17-27.7-104, and "suspension" of a sentence, prohibited by the mandatory sentencing provisions.

Smith further argues that the legislative intent of the RITP legislation "entitle[s] [Smith] to an opportunity equal to that given to other successful participants in this unique [boot camp] program." Finally, if we do find a conflict between the two statutes, Smith urges us to rely on the principle that the more recent statute, i.e. the RITP act, controls. See Smith v. Zufelt, 880 P.2d 1178, 1184 n. 9 (Colo.1994); United States Fidelity & Guar. Co. v. Salida Gas Serv. Co., 793 P.2d 602, 604 (Colo.App.1989).

Our analysis of the RITP statute's plain language leads us to the conclusion that it extends an offender's right to have his or her sentence reconsidered; however, it does not affect the ultimate sentencing range. Thus, we find that it does not conflict with the sentencing requirements set out in section 18-1-105(9)(d) and that the sentencing court properly refused to impose a sentence outside the mandatory sentencing guidelines.

B.

Basic rules of statutory construction govern our analysis. Our primary task is to give effect to the intent of the legislature. See People v. Murphy, 919 P.2d 191, 194 (Colo.1996). To discern such intent, we first look to the statutory language, according terms their plain and ordinary meaning. See id. When the plain language is clear, we will not rely on interpretive rules of statutory construction. See Vaughan v. McMinn, 945 P.2d 404, 408 (Colo.1997).

With respect to relevant case law, we presume that the general...