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Frazier v. People5/17/2004
elied in part on Senate Bill 01S2-008, [FN2] a subsequent amendment to section 42-4-1301, to conclude that a six-year sentence was appropriate.
FN2. An Act Concerning Clarification of the Applicable Penalties for Offenses Involving the Operation of a Motor Vehicle by a Person who has Consumed Alcohol, Ch. 1, secs. 1 and 3, § 42-4-1301, 2001 Colo. Sess. Laws (2d Extraordinary Session), 1, 1-7.
The court of appeals affirmed the trial court's sentence in Frazier, 77 P.3d at 841. The court of appeals concluded that Senate *809 Bill 01-168 conflicted with section 18-1.3-401(1)(a)(V)(A), the applicable sentencing statute for class three felonies. [FN3] Id. at 840. To resolve this conflict, the court of appeals examined legislative history, prior law, the goals of Colorado's sentencing scheme, and the consequences of the construction urged by Frazier in light of this conflict. Id. The court relied heavily on Senate Bill 01S2-008, which was enacted by the same General Assembly only a few months after Senate Bill 01-168. Id. The court noted that the language of Senate Bill 01S2-008 clearly indicates that Senate Bill 01-168 was never intended to modify the penalties for vehicular homicide. Id. Thus, the court perceived no error in the trial court's decision to sentence Frazier to six years in the custody of the Department of Corrections. [FN4] Id. at 841.
FN3. We note that the court of appeals on one occasion referred to section 18-1.3-401(1)(a)(IV)(A) in its opinion. People v. Frazier, 77 P.3d 838, 840 (Colo.App.2003). The applicable sentencing provision in this case was actually section 18-1.3-401(1)(a)(V)(A). This error did not affect the court of appeals' analysis.
FN4. The court of appeals also rejected Frazier's claims that its interpretation of the relevant statutes violated the constitutional prohibition against ex post facto legislation and guarantee of equal protection under the law. Frazier, 77 P.3d at 841. Those issues are not before us today and therefore we decline to address them.
We granted certiorari to address "whether Senate Bill 01-168, which set the maximum penalty for vehicular homicide involving alcohol at one year in county jail, was clear and unambiguous, and therefore not subject to interpretive rules of statutory construction." We now affirm the judgment of the court of appeals upholding the trial court's sentence of six years.
III. ANALYSIS
Senate Bill 01-168 is a statute designed to provide treatment alternatives for individuals convicted of offenses involving alcohol. It does not reclassify offenses. It does, however, make reference to the felony vehicular homicide statute. Frazier argues that, by that reference, the statute clearly and unambiguously sets the maximum sentence for vehicular homicide at one year in county jail. To the contrary, we conclude that the reference creates an ambiguity. Therefore, we rely on interpretive rules of statutory construction and conclude that the trial court was authorized to sentence Frazier to six years in the custody of the Department of Corrections pursuant to section 18-1.3-401(1)(a)(V)(A).
A. Background
Section 18-3-106 defines the substantive offense of vehicular homicide. It provides that "[i]f a person operates or drives a motor vehicle in a reckless manner, and such conduct is the proximate cause of the death of another, such person commits vehicular homicide." § 18-3-106(1)(a) ("reckless vehicular homicide"). In addition, section 18-3-106(1)(b)(I) ("DUI vehicular homicide") provides that "[i]f a person operates or drives a motor vehicle while under the influence of alcohol or one or more drugs ... and such conduct is the proximate cause of the death of another, such person commits vehicular homicide. This is a strict liability
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