Opinion
Raymond S. Duitch, Colorado Springs, for petitioner-appellant.
Gordon D. Hinds, City Atty., C. William Lake Deputy City Atty., Colorado Springs, for respondent-appellee.
SILVERSTEIN, Chief Judge.
Petitioner, John C. Hylton, appeals from a judgment of the District Court of El Paso County which held valid and enforceable an order and judgment dated May 17, 1973, issued by the respondent, judge of the County Court of El Paso County, Colorado. The county court judgment in accord with our mandate in Hylton v. City of Colorado Springs, 32 Colo.App. 9, 505 P.2d 26, ordered the execution of its previous judgment of Junuary 15, 1968, which imposed upon the petitioner a fine and a jail term of 15 days for reckless driving in violation of a municipal ordinance.
This appeal is based on the petitioner's contention that this court's holding in Hylton v. City of Colorado Springs, Supra, 'The ordinance in question provides for a fine and a jail sentence. . . .
'. . . The trial judge has the responsibility of imposing 'a penalty as provided by law.' C.R.S.1963, 139--36--17. The 'law' can be none other than the municipal ordinance. . . .'
This ruling is in conformity with 1969 Perm.Supp., C.R.S.1963 37--22--23, enacted after the original judgment was entered.
The above pronouncement in Hylton, supra, was not dictum. It was binding upon the trial court in the present action and was properly followed.
Judgment affirmed.
COYTE and ENOCH, JJ., concur.