Colorado § 18-8-209 - Concurrent and consecutive sentences.

§ 18-8-209. Concurrent and consecutive sentences.

(1) Except as otherwise provided in subsection (2) of this section, any sentence imposed following conviction of an offense under sections 18-8-201 to 18-8-208 or section 18-8-211 shall run consecutively and not concurrently with any sentence which the offender was serving at the time of the conduct prohibited by those sections.

(2) If an offender was serving a direct sentence to a community corrections program pursuant to section 18-1.3-301 or was in an intensive supervision parole program pursuant to section 17-27.5-101, C.R.S., at the time he or she committed an offense specified in section 18-8-201 or 18-8-208, the sentence imposed following a conviction of said offense may run concurrently with any sentence the offender was serving at the time he or she committed said offense.

Source: L. 71: R&RE, p. 459, § 1. C.R.S. 1963: § 40-8-209. L. 76, Ex. Sess.: Entire section amended, p. 14, § 2, effective September 18. L. 2010: Entire section amended, (HB 10-1373), ch. 260, p. 1179, § 2, effective May 25.

ANNOTATION

Sentence enhancement provision, § 18-1-105 (9)(a)(V), did not apply to the crime of escape and attempted escape where the general assembly had provided for enhanced punishment for the crimes of escape elsewhere, specifically in this section and § 18-8-208.1, and where the general assembly did not amend the enhancement provision to make it specifically applicable to escape crimes. People v. Andrews, 871 P.2d 1199 (Colo. 1994).

Subsection (1) of this section does not apply to convictions in violation of § 18-8-208.1 (2) because § 18-8-208.1 is not included within the stated range of statutory sections listed in subsection (1). People v. Evans, 2015 COA 156, 363 P.3d 814.

This section clearly and unambiguously provides that the sentence imposed for an escape conviction must be consecutive only to any sentence the defendant was serving at the time of the escape and not to a sentence subsequently imposed. People v. Eurioste, 12 P.3d 847 (Colo. App. 2000); People v. Williams, 33 P.3d 1187 (Colo. App. 2001).

Thus, where defendant escaped from police custody after being arrested for child abuse, but prior to being tried, the trial court was not required to impose consecutive sentences for defendant's child abuse and escape convictions. However, the court retained discretionary authority to impose a consecutive sentence. People v. Eurioste, 12 P.3d 847 (Colo. App. 2000).

A defendant, who has pleaded guilty and is awaiting sentencing, is not serving a sentence for purposes of this section, and, therefore, the court is not required to impose a consecutive sentence. A defendant cannot be serving a sentence that has not yet been imposed. However, the court has discretion to impose a consecutive or concurrent sentence. People v. Corral, 179 P.3d 837 (Colo. App. 2007).

Section was applicable to defendant who escaped, because defendant was punished pursuant to § 18-8-208 and subject to provisions of this section since his sentence followed a conviction of an offense under several sections. People v. Williams, 33 P.3d 1187 (Colo. App. 2001).

Where at the time of escape the defendant was on mandatory parole, the court was required to impose a consecutive sentence for defendant's escape conviction. People v. Garcia, 64 P.3d 857 (Colo. App. 2002).

Applied in People v. Anderson, 649 P.2d 720 (Colo. App. 1982).