Opinion
No. 78-989
Decided February 8, 1979.
Facing misdemeanor traffic offenses in county court proceedings, defendant petitioned district court for relief in the nature of prohibition.
Affirmed
1. COURTS — "Misdemeanor Traffic Offenses" — Reclassification — Not Change — Status — County Court — Retained Jurisdiction. Although certain violations were reclassified by General Assembly as "misdemeanor traffic offenses," those offenses remained as violations of the public law which are not punishable by death or imprisonment in the state penitentiary; hence, they remained within the definition of the term "misdemeanors," and accordingly, the county court retained jurisdiction over such offenses.
Appeal from the District Court of the County of Baca, Honorable Robert F. Sanderson, Judge.
Feldhamer, Plotz Eskwith, P.C., Kenton D. Kinnaird, for petitioner-appellant.
Garth L. Nieschburg, District Attorney, Thomas B. Jacob, Deputy District Attorney, for respondents-appellees.
Defendant, Jimmy E. Phillips, was cited for violation of § 42-4-105, C.R.S. 1973 (Disregarding a Police Officer) and § 18-9-107, C.R.S. 1973 (Obstructing a Highway). His motion to dismiss these charges in the county court was denied, and Phillips then petitioned the district court for relief in the nature of prohibition. That court entered judgment dismissing the petition, and Phillips appeals. We affirm.
Prior to July 1, 1976, traffic offenses were classified as "misdemeanors." See §§ 42-4-104 and 42-4-1501, C.R.S. 1973. Effective that date, certain traffic offenses were reclassified by the General Assembly as "misdemeanor traffic offenses." See § 42-4-1501, C.R.S. 1973 (1978 Cum. Supp.). Pursuant to § 13-6-106(1)(b), C.R.S. 1973, and insofar as pertinent here, jurisdiction of the county courts is limited to "misdemeanors." Phillips therefore contends that the county court now lacks jurisdiction to consider offenses classified as misdemeanor traffic offenses. This contention lacks merit.
[1] A felony is defined in Colo. Const., Art. XVIII, Sec. 4, as an offense punishable by death or imprisonment in the penitentiary. Misdemeanors consist of violations of public law which are not punishable as felonies. See Hoffman v. People, 72 Colo. 552, 212 P. 848 (1923). Addition of the term "traffic offenses" by the General Assembly did not change the nature of the offenses because they remain violations of the public law which are not punishable by death or imprisonment in the state penitentiary. Hence, the county court retains jurisdiction over misdemeanor traffic offenses.
Judgment affirmed.
JUDGE SMITH and JUDGE STERNBERG concur.