People ex Rel. Gallagher v. Dist. Ct.

5 Citing cases

  1. People v. Johnson

    488 P.3d 232 (Colo. App. 2017)   Cited 2 times

    ยถ 34 To put it another way, "the concern" in a probation revocation hearing "is whether the alternatives to incarceration which have been made available to a defendant remain viable for him." People ex rel. Gallagher v. Dist. Court , 196 Colo. 499, 502, 591 P.2d 1015, 1017 (1978). "[A] probation revocation order operates not as a determination of guilt or innocence as to the question of whether the defendant violated the terms of his probation, but primarily as a reassessment of the correctness of the original sentence."

  2. Byrd v. People

    58 P.3d 50 (Colo. 2002)   Cited 37 times
    Discussing probation revocation proceedings

    The purpose of a probation revocation hearing is to consider the conduct of the defendant after an adjudication of guilt and to assess the correctness of the original sentence. People ex. rel. Gallagher v. District Court, 196 Colo. 499, 502, 591 P.2d 1015, 1017 (1978). Probation is a privilege, not a right, and if a probationer violates any probationary condition, her probation may be revoked.

  3. Williams v. People

    454 P.3d 219 (Colo. 2019)   Cited 3 times

    And, of course, a court must first revoke probation before incarcerating a probationer: "If probation is revoked, the court may then impose any sentence or grant any probation ... which might originally have been imposed or granted." ยง 16-11-206(5) (emphases added); see People ex rel. Gallagher v. Dist. Court , 196 Colo. 499, 591 P.2d 1015, 1017 (1978) ("In a probation revocation hearing, the concern is whether the alternatives to incarceration which have been made available to a defendant remain viable."). To interpret section 18-1.3-702(3)(c) as requiring ability-to-pay findings only immediately before incarcerating a probationer for failure to pay would render the language prohibiting a court from revoking probation absent these findings meaningless.

  4. People v. Firth

    205 P.3d 445 (Colo. App. 2008)   Cited 24 times
    Reviewing constitutional challenges to SOLSA under Rule 35(c) before defendant had served minimum six-year term of his indeterminate sentence

    . . . [A] probation revocation order operates not as a determination of guilt or innocence as to the question of whether the defendant violated the terms of his probation, but primarily as a reassessment of the correctness of the original sentence." People ex rel. Gallagher v. District Court, 196 Colo. 499, 502, 591 P.2d 1015, 1017 (1978). Thus, once a trial court has revoked a defendant's probation, it is authorized to impose any sentence that could have been imposed originally for the underlying crime.

  5. State v. Preuss

    920 P.2d 859 (Colo. App. 1995)   Cited 6 times

    Rather, their purpose is to ascertain an appropriate sentence for an offense of which defendant has already been convicted and for which probation was granted. See People ex rel. Gallagher v. District Court, 196 Colo. 499, 502, 591 P.2d 1015, 1017 (1978) ("[P]robation revocation . . . operates not as a determination of guilt or innocence as to the question of whether the defendant violated the terms of his probation, but primarily as a reassessment of the correctness of the original sentence."). Thus, defendant's conviction in Boulder County properly served as the basis to revoke defendant's probation and reassess his sentence on the earlier, separate conviction in Larimer County.