El
Paso County District Court No. 14CR1803 Honorable David S.
Prince, Judge.
Cynthia H. Coffman, Attorney General, Lisa K. Michaels,
Assistant Attorney General, Denver, Colorado, for
Plaintiff-Appellee
Douglas K. Wilson, Colorado State Public Defender, Sarah A.
Kellogg, Deputy State Public Defender, Denver, Colorado, for
Defendant-Appellant
OPINION
WELLING JUDGE.
¶
1 Defendant, Laron Antonio Donald, appeals his convictions
for violation of bail bond conditions. Donald contends that
the State failed to prove beyond a reasonable doubt that he
had the requisite state of mind to commit either offense.
First, Donald contends that the prosecution failed to
establish beyond a reasonable doubt that he knew of his court
date and that he, in turn, knowingly failed to appear.
Second, he contends that the prosecution failed to establish
beyond a reasonable doubt that he knew of the bond condition
that prohibited him from leaving the State of Colorado. We
disagree with Donald's first contention but agree with
his second. Accordingly, we affirm in part and vacate in
part.
I.
Background
¶
2 Donald was arrested and charged with a felony in November
2012. During his court appearance on August 27, 2013, the
judge set bond and announced his January 6, 2014, court date.
Donald subsequently posted bond and was released from jail.
The bond paperwork provided that, as a condition of his
release, Donald was prohibited from leaving the State of
Colorado without court approval.
¶
3 Donald failed to appear in court on January 6th. He was
arrested in Mississippi five weeks later. The arresting
officer testified that when he approached Donald after
pulling him over, Donald appeared "very nervous"
and was shaking and sweating.
¶
4 Donald was charged with three counts of violation of bail
bond conditions under section 18-8-212(1), C.R.S. 2017. Count
one was later dismissed. Count two charged that Donald
"knowingly violated a condition of bond by leaving the
State of Colorado." Count three charged that Donald
"knowingly failed to appear for trial or other
proceedings." Donald pleaded not guilty and the matter
proceeded to trial. Following trial, the jury convicted
Donald of counts two and three.
II.
Standard of Review and Legal Principles
¶
5 We review de novo whether the evidence was sufficient to
sustain a conviction. People v. Brown, 2014 COA
130M, ¶ 38.
¶
6 When analyzing the sufficiency of the evidence, we
determine "whether the relevant evidence, both direct
and circumstantial, when viewed as a whole and in the light
most favorable to the prosecution, is substantial and
sufficient to support a conclusion by a reasonable mind that
the defendant is guilty of the charge beyond a reasonable
doubt." Clark v. People, 232 P.3d 1287, 1291
(Colo. 2010) (citation omitted).
¶
7 Where reasonable minds could differ, the evidence is
sufficient to support a conviction. People v.
Carlson, 72 P.3d 411, 416 (Colo.App. 2003); see
People v. Perez, 2016 CO 12, ¶ 31 ("The
question is not whether it is possible to disagree with the
inferences, but rather, whether the inferences are reasonable
when the evidence is viewed as a whole in the light most
favorable to the prosecution."). But more than a modicum
of evidence is required to prove an element beyond a
reasonable doubt, and the jury may not speculate, guess, or
rely on conjecture to reach a guilty verdict. People v.
Whitaker, 32 P.3d 511, 519 (Colo.App. 2000),
aff'd, 48 P.3d 555 (Colo. 2002).
¶
8 The crime of violating bail bond conditions requires proof
that
[a] person who is released on bail bond of whatever kind, and
either before, during, or after release is accused by
complaint, information, indictment, or the filing of a
delinquency petition of any felony arising from the conduct
for which he was arrested, commits a class 6 felony if he
knowingly fails to appear for trial or other
proceedings in the case in which ...