Weld County District Court No. 09CR2187. Honorable Julie C. Hoskins, Judge.
JUDGMENT AND SENTENCE AFFIRMED.
John W. Suthers, Attorney General, William G. Kozeliski, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.
Douglas K. Wilson, Colorado State Public Defender, Joseph P. Hough, Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant.
Opinion by JUDGE TERRY. Dailey and Miller, JJ., concur.
[¶1] Defendant, Gregory Lynn Trammell, appeals the judgment of conviction entered on a jury verdict finding him guilty of first and second degree assault against a peace officer, and second degree assault against a nurse. He also appeals the sentence imposed. We affirm.
[¶2] We construe section 13-90-107(1)(c), C.R.S. 2013, which codifies Colorado's clergy-communicant privilege, to be inapplicable to defendant's communication with a hospital chaplain under the facts presented here. We also reject his assertion that the trial court misapprehended the applicable sentencing range.
[¶3] After defendant attempted suicide while incarcerated, he was hospitalized for treatment of his wounds. A sheriff's deputy was assigned to remain in his room to ensure that he would not escape, as he could not be handcuffed due to his wounds, though his legs were shackled. Defendant asked the deputy if he would shoot defendant if he tried to escape. The deputy responded that he was confident he could catch defendant and that he did not want to have to kill anyone.
[¶4] Just before the charged incident, defendant was unshackled and escorted to the bathroom. When defendant left the bathroom, he was holding a metal towel bar that he swung at the deputy. The bar struck the deputy on the head, and the deputy and defendant struggled. The deputy testified that during the struggle, defendant tried to remove the deputy's gun from its holster. Defendant also struck a nurse on the head, causing a laceration that required stitches. The blow caused lasting effects on the nurse's memory. Another nurse who was struck received a minor cut.
[¶5] About thirty minutes after the incident, defendant told the hospital chaplain that he had planned ...