People v. Lewis.

2024 CO 57. No. 24SA75. Postconviction Bail—Postconviction Bail Exceptions—CRS § 16-4-201.5(2)(a)—Colo. Const. Art. II, § 19—County Court Appeals—Crim. P. 37(f)—CRS § 16-2-114(6)—CRS § 16-4-204—Stays of Execution Pending Appeal—People v. Steen—Statutory Interpretation.

September 9, 2024

In this C.A.R. 21 proceeding, the Supreme Court held that once a county court has found that a convicted defendant poses a danger to an individual or the community, it cannot grant that defendant an appeal bond. Appeal bonds in such circumstances are prohibited by CRS § 16-4-201.5(2)(a) and article II, section 19 of the Colorado Constitution. However, county courts are still required, upon request, to stay the execution of a defendant’s sentence pending appeal under People v. Steen, 2014 CO 9, 318 P.3d 487. Further, the Court held that CRS § 16-4-204 provides the exclusive method of appeal for trial court rulings on appeal bonds under § 16-4-201.5. Because the county court properly denied the appeal bond in this case, the Court discharged the order to show cause.

The full opinion is available at https://www.coloradojudicial.gov/sites/default/files/2024-09/24SA75.pdf.