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People v. Yoder

Court of Appeals of Colorado, Second Division

April 7, 2016

The People of the State of Colorado, Plaintiff-Appellee,
v.
Charles Edward Yoder, Defendant-Appellant.

         Mesa County District Court Nos. 13CR877, 13CR1502 & 14CR21 Honorable Brian J. Flynn, Judge

          Cynthia H. Coffman, Attorney General, Deborah Isenberg Pratt, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee

          Douglas K. Wilson, Colorado State Public Defender, Kamela Maktabi, Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant

          BOORAS JUDGE.

          ¶ 1 Defendant, Charles Edward Yoder, appeals the district court's ruling at sentencing that mandatory protection orders (MPOs) would continue to remain in effect. He contends that the MPOs are invalid generally and that the district court lacked the statutory authority to impose certain conditions in the MPOs. We affirm.

         I. Background

         ¶ 2 In Mesa County case number 13CR877, the People charged defendant with possession of a controlled substance (methamphetamine), driving after revocation prohibited, and possession of drug paraphernalia. In Mesa County case number 13CR1502, the People charged him with criminal impersonation and false reporting. And in Mesa County case number 14CR21, he was charged with possession of a controlled substance (methamphetamine), driving after revocation prohibited, possession of drug paraphernalia, and two counts of violation of bail bond conditions.

         ¶ 3 In each of the three cases, the district court issued a MPO under section 18-1-1001, C.R.S. 2015. Each MPO contained the following three conditions:

• defendant "[s]hall not harass, molest, intimidate, retaliate against, or tamper with any witness to or victim of the acts charged";
• defendant "[s]hall not possess or consume . . . controlled substances without a doctor's prescription"; and
• "[n]o driving without a valid driver's license."

         Two of the MPOs also prohibited defendant from possessing or consuming marijuana "without a doctor's prescription [sic]" (among other conditions).[1]

         ¶ 5 Defendant ultimately pleaded guilty to possession of a controlled substance in both 13CR877 and 14CR21, and false reporting in 13CR1502.

         ¶ 6 At the combined sentencing hearing, the district court sentenced defendant to eighteen months in prison and one year of mandatory parole in 13CR877, and imposed shorter, concurrent sentences in the other two cases. The court also clarified that the conditions of the MPOs would remain in effect until defendant completed his sentences:

[T]he protection orders do remain in effect throughout the period of Mr. Yoder's sentences. Those do prohibit him from harassing, molesting, intimidating, retaliating against, or tampering with any witness to or victim of the acts charged. He's also not to possess or consume marijuana or controlled substances without a doctor's prescription ...

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