People v. Wieder, No. 82CA0049
| Docket Nº | No. 82CA0049 |
| Citation | 693 P.2d 1006 |
| Case Date | March 29, 1984 |
| Court | Court of Appeals of Colorado |
Page 1006
v.
Edward A. WIEDER, Defendant-Appellant.
Div. I.
Rehearing Denied April 26, 1984.
Certiorari Granted Jan. 14, 1985.
Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H.
Page 1007
Forman, Sol. Gen., Virginia Byrnes, Asst. Atty. Gen., Denver, for plaintiff-appellee.David F. Vela, Colorado State Public Defender, Thomas M. Van Cleave, III, Deputy State Public Defender, Denver, for defendant-appellant.
PIERCE, Judge.
Defendant, Edward A. Wieder, appeals his convictions on two counts of second degree assault, and sentencing for such convictions as an habitual offender. We affirm.
In December 1978, defendant was involved in an automobile accident. After investigating officers arrived at the scene, they called for paramedic assistance for defendant. Defendant attempted to assault a paramedic while being examined; two police officers then subdued, handcuffed, and took defendant to their patrol car with the intent of taking him to the police station. Defendant then assaulted both police officers as they unlocked the patrol car door. Once again, the officers subdued defendant. He was charged with the assaults on the two police officers.
On appeal, defendant asserts error in application of the assault statute to him, and challenges the statute's constitutionality. Inasmuch as our Supreme Court has declined to accept transfer of jurisdiction, we address all allegations of error made. See § 13-4-102(1)(b), C.R.S.
I.
Defendant's first allegation of error is that second degree assault, as defined in § 18-3-203(1)(f), C.R.S. (1978 Repl.Vol. 8) does not govern his conduct in this case. That subsection of the statute states that a person commits second degree assault if:
"While lawfully confined or in custody, he violently applies physical force against the person of a peace officer ... engaged in the performance of his duties ...."
Relying on People v. Olinger, 39 Colo.App. 491, 566 P.2d 1367 (1977), defendant maintains that because he was neither confined in a penal institution nor "in custody" this statute is inapplicable to his activities. We disagree.
We agree that defendant here was not "in confinement," as delineated by People v. Olinger, supra, but when the assaults occurred, the arrest was complete and defendant was not free to leave the presence of the officers. See People v. Roybal, 655 P.2d 410 (Colo.1982). Hence,...
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People v. Fields, No. 82CA0628
...the Court of Appeals." Accordingly, we have jurisdiction to address the issue of the statute's constitutionality. See People v. Wieder, 693 P.2d 1006 (Colo.App.1984); Fisher v. Jorgensen, 674 P.2d 1003 The first step in any equal protection analysis is to determine the standard to be used i......
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People v. Schoondermark, No. 84SA99
...application of force rather than a mere attempt to apply force. See, e.g., People v. Hart, 658 P.2d 857 (Colo.1983); People v. Wieder, 693 P.2d 1006 (Colo.App.1984); People v. Saiz, 660 P.2d 2 (Colo.App.1982); People v. Walker, 634 P.2d 1026 (Colo.App.1981); People v. Mason, 632 P.2d 616 (C......
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People v. Salazar, No. 83CA1066
...that appeal. But see People v. Fields, 697 P.2d 749 (Colo.App.1984) (cert. granted, March 11, 1985, on other issues); People v. Wieder, 693 P.2d 1006 (Colo.App.1984) (cert. granted, January 14, 1985, on other issues); Fisher v. Jorgensen, 674 P.2d 1003 Page 1271 III. Defendant argues that v......
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People v. Armstrong, No. 84SA365
..."or," makes it plain that 18-3-203(1)(f) applies to field arrest situations as well as to detention facilities. In both People v. Wieder, 693 P.2d 1006 (Colo.App.1984), and in People v. Olinger, 39 Colo.App. 491, 566 P.2d 1367 (1977), the court of appeals held that the General Assembly inte......
-
People v. Fields, No. 82CA0628
...the Court of Appeals." Accordingly, we have jurisdiction to address the issue of the statute's constitutionality. See People v. Wieder, 693 P.2d 1006 (Colo.App.1984); Fisher v. Jorgensen, 674 P.2d 1003 The first step in any equal protection analysis is to determine the standard to be used i......
-
People v. Schoondermark, No. 84SA99
...application of force rather than a mere attempt to apply force. See, e.g., People v. Hart, 658 P.2d 857 (Colo.1983); People v. Wieder, 693 P.2d 1006 (Colo.App.1984); People v. Saiz, 660 P.2d 2 (Colo.App.1982); People v. Walker, 634 P.2d 1026 (Colo.App.1981); People v. Mason, 632 P.2d 616 (C......
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People v. Salazar, No. 83CA1066
...that appeal. But see People v. Fields, 697 P.2d 749 (Colo.App.1984) (cert. granted, March 11, 1985, on other issues); People v. Wieder, 693 P.2d 1006 (Colo.App.1984) (cert. granted, January 14, 1985, on other issues); Fisher v. Jorgensen, 674 P.2d 1003 Page 1271 III. Defendant argues that v......
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People v. Armstrong, No. 84SA365
..."or," makes it plain that 18-3-203(1)(f) applies to field arrest situations as well as to detention facilities. In both People v. Wieder, 693 P.2d 1006 (Colo.App.1984), and in People v. Olinger, 39 Colo.App. 491, 566 P.2d 1367 (1977), the court of appeals held that the General Assembly inte......