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Frazier v. People5/17/2004
In this case, we must resolve a conflict *808 between Senate Bill 01- 168, [FN1] which was in effect from July 1, 2001, to September 25, 2001, and section 18-1.3-401, 6 C.R.S. (2002), with respect to penalties for a vehicular homicide committed on August 12, 2001. The trial court sentenced the Petitioner, Scott Allen Frazier, to six years in the Department of Corrections for that offense pursuant to C.R.S. 18-1.3-401(1)(a)(V)(A). The court of appeals affirmed. People v. Frazier, 77 P.3d 838 (Colo.App.2003).
FN1. An Act Concerning the Requirement of the Completion of Level II Alcohol Treatment for Persistent Drunk Drivers, and Making an Appropriation Therefor, Ch. 229, sec. 8, § 42-4-1301, 2001 Colo. Sess. Laws 786, 789-93.
Senate Bill 01-168, which both parties agree was in effect at the time of the crime, was an Act focused on treatment for drunk drivers. It made reference to section 18-3-106(1)(b)(I), 6 C.R.S. (2001), which is the statute that sets out the elements of vehicular homicide, and prescribed a penalty of one year in the county jail.
We conclude that the references to the felony of vehicular homicide that appear in Senate Bill 01-168 create an ambiguity both when viewed within the statute as a whole and when viewed with reference to the provisions for felony offenses contained within Title 18 of the Colorado Revised Statutes. In construing legislation, our first goal is to apply the statute as the General Assembly intended. There is no question here that the General Assembly did not intend, by Senate Bill 01-168, to reduce the sentence for felony vehicular homicide from between four and twelve years in the Department of Corrections to one year in the county jail. Therefore, we affirm the court of appeals' decision, which in turn upheld the trial court's imposition of a six-year sentence.
II. FACTS AND PROCEDURAL HISTORY
This case arises from a fatal motorcycle accident that occurred in the early morning hours of August 12, 2001. Prior to the accident, Frazier and the victim, Troy Christensen, consumed significant quantities of alcohol. Frazier then agreed to give Christensen a ride on his motorcycle. Only a few blocks from Christensen's home, Frazier lost control and struck a curb while traveling at a speed of approximately forty-five miles per hour. Both men were thrown from the motorcycle. Frazier, who was wearing a protective helmet, survived the accident but sustained serious injuries. Christensen, however, who was not wearing a helmet, died as a result of his injuries. Both Christensen and Frazier were twenty-five years old at the time of the accident.
On March 4, 2002, Frazier pled guilty to vehicular homicide pursuant to sections 18-3-106(1)(a) and (b), 6 C.R.S. (2001). Frazier signed a written Crim. P. 11 advisement form in which he indicated his understanding that the presumptive sentencing range for vehicular homicide was between four and twelve years. The trial court also verbally advised Frazier during the disposition hearing that the crime of vehicular homicide was a class three felony and that the potential sentence for class three felonies was a presumptive range of four to twelve years in the Department of Corrections. Frazier indicated to the trial court that he understood the legal consequences and potential punishment resulting from his guilty plea.
Before the sentencing hearing on June 25, 2002, Frazier filed a Motion for Sentencing. Frazier argued at that time through counsel that Senate Bill 01-168, which amended section 42-4-1301, 11 C.R.S. (2001), authorized a maximum sentence of one year in county jail for the crime of vehicular homicide. The trial court rejected Frazier's argument and sentenced him to six years in the custody of the Department of Corrections. The trial court r
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