Birdsong part 1 summary

Birdsong - section 1 : France 1910, part 1, pages 3-31, summary

Here, the possibility that Birdsong's probation would be revoked if he continued to maintain innocence as to his motives for the inappropriate contact with his daughter is not a direct consequence. Viewed from the perspective of the time of the providency hearing, revocation would certainly not be automatic, for an individual might be willing to admit to something in a therapeutic setting but not in a court of law. Additionally, we do not expect a trial court to maintain working familiarity with all requirements of certain types of treatment programs so as to be able to advise defendants with particularity about those requirements before accepting pleas that involve probation. That responsibility falls to the defendant and his or her counsel. Here, the trial court specifically advised Birdsong at the providency hearing that the *1129 charge of third degree sexual assault carried a possible sentence to the county jail of up to two years. In the written conditions of probation, the trial court required Birdsong to successfully complete offense-specific therapy. When Birdsong violated that condition of his probation, the court sentenced him to twenty-four months in county jail.

"The essential element defining a homework direct consequence' of a guilty plea is that it have an effect on the range of punishment.". Our courts have found the maximum penalty to which a defendant could be sentenced for a particular conviction, see people. Moore, 841.2d 320, 324 (Colo. App.1992 and the imposition of a mandatory period of parole, see people. Coleman, 844.2d 1215, 1219 (Colo. App.1992 to be direct consequences. In contrast, this court has found that the possible use of a guilty plea in future proceedings and potential federal deportation consequences are collateral consequences. 102, 106, 589.2d 931, 933 (1979 and pozo, 746.2d at 526. Similarly, a defendant's prison security classification essay is a collateral consequence. See ruiz, 935.2d at 69-70.

birdsong part 1 summary

Birdsong Summary study guide

Rather, the business trial court must advise the defendant of the direct consequences of the conviction to satisfy the due process concerns that a plea be made knowingly and with a full understanding of the consequences thereof. Pozo, 746.2d 523, 526 (Colo.1987 see also people. Hrapski, 718.2d 1050, 1055-56 (Colo.1986 people. Adrian, 701.2d 45, 47-8 (Colo. Accordingly, a guilty plea is not rendered invalid by a trial court's failure to warn a defendant of the collateral consequences of his guilty plea. See pozo, 746.2d at 526. Direct consequences are those which have definite, immediate and largely automatic effect on the range of possible punishment. Ruiz, 935.2d 68, 69 (Colo.

birdsong part 1 summary

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If courts accept such pleas, they can convict and sentence defendants who enter them. At 36-7,. The court found that the characterization of reviews Alford's plea as a guilty plea as opposed to *1128 a plea of nolo contendere was of no constitutional significance.6 t reasoned that the constitution is concerned with the practical consequences, not the formal categorizations, of guilty pleas. The court concluded that an express admission of guilt "is not a constitutional requisite to the imposition of a criminal penalty.". At 37,. Further, the court reasoned that "an individual accused of crime may voluntarily, knowingly, and understandingly consent to the imposition of a prison sentence even if he is unwilling or unable to admit his participation in the acts constituting the crime.". Significantly, the court perceived no material difference between a plea that refused to admit commission of the criminal act and a plea containing a protestation of innocence so long as the defendant intelligently concluded that his interests required entry of a guilty plea and the. The defendant argues that the plea was deficient because the trial court failed to advise him that he would have to admit guilt in order to complete treatment, and failure to complete treatment would result in a revocation of probation. However, the specific requirements of a treatment program and the harmony between those requirements and the defendant's perception of his guilt does not fall within the aegis of the trial court's necessary advisement to the defendant.

As such, the trial court's obligations to advise the defendant were no greater than with any other guilty plea. Similarly, the trial court's concession to the defendant in accepting the Alford plea did not create an implicit agreement to permit him to continue on probation in the face of violation of the clear and reasonable conditions of that probation. Alford pleas arose out of the United States Supreme court decision North Carolina. There the court held that states could allow defendants to plead guilty even though they protested their innocence so long as their pleas were valid under standards set forth in boykin. 2d 274 (1969 5 and were supported by a factual basis. See alford, 400. At 31,. In essence, an Alford plea permits a defendant to assert innocence as to one or more elements of the crime, but consent to the imposition of the conviction and penalty.

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birdsong part 1 summary

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In resentencing Birdsong to twenty-four months in the county jail with work release, the court explained: The bottom line is that probation is not a right, but rather a privilege, and in this particular situation there is an essential requirement in order to qualify for. Birdsong appealed the revocation of his probation. On appeal, birdsong argued that because he entered an Alford plea, the trial court erred in revoking his probation based on his refusal to admit guilt in the sexual offender treatment program. The court of appeals agreed and remanded the case to the trial court for further proceedings, relying in part on people. Walters, 164 Misc.2d 986, 627.

Ct.1995 for the conclusion that the acceptance of an Alford plea was directly inconsistent with a finding that refusal to admit guilt constituted a probation violation. The court of appeals suggested that the trial court consider the following list of recommended options: (1) permit Birdsong to withdraw the Alford plea and reinstate the charges; (2) permit Birdsong to continue on probation after the court determines that he understands and agrees. See birdsong, 937.2d at 878. We view the case differently from the court of appeals. An Alford plea is a guilty plea.

At the end of the denial phase of the program, the treatment team assessed Birdsong and determined that he was still in denial, and therefore was not suited to participate in the ensuing treatment phases of the program. Birdsong received no further treatment. The people filed a complaint for revocation of Birdsong's probation on July 5, 1995. The court determined that Birdsong had not successfully completed the necessary treatment, and that he had therefore violated a condition of his probation. The court revoked his probation on December 21, 1995.


At the postrevocation sentencing hearing, birdsong moved for reconsideration of the revocation. Birdsong argued that because his treatment providers determined that he was not eligible for continued therapy, he had completed the offense-specific therapy and had not violated a condition of his probation. The court denied the motion. 1127 Birdsong told the court at the resentencing hearing that at the time he entered his Alford plea he knew that he would have to admit guilt in the treatment program even if he protested his innocence in his guilty plea. However, he said he thought his attorney had made a deal with the district attorney and the judge whereby he would only have to attend the denial phase of therapy. He further stated that even though the judge at the providency hearing stressed successful completion of the therapy program, he just went along with it "because i thought all of this was already taken care." Birdsong said he thought the judge knew "that all.

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You will enter, enroll, and successfully complete a sex offender specific treatment program. By the time birdsong entered his plea, he had already attended approximately one year of sex offender treatment at the aurora community mental health Center as part of his court-ordered treatment in the dependency and neglect action. He therefore continued with that treatment in order to comply with the conditions of probation in this case. The sex offender treatment in which Birdsong was enrolled consisted of four evernote phases. The first phase, the denial phase, was for offenders who denied either their acts or the sexual intent of their acts. Phases two, three and four were the actual treatment phases of the program. Completion of the program involved all four phases and typically took between two and five years. Birdsong attended fifty-five sessions in the denial group, all the while acknowledging that he may have inappropriately touched his daughter, but denying that he did so for purposes of sexual gratification or pleasure.

birdsong part 1 summary

At a january 12, 1995 providency hearing, the court found that it was familiar with the evidence in the case, that Birdsong had admitted to inappropriately touching his daughter, and problem that Birdsong acknowledged that there was sufficient evidence which if believed by a jury could. The court also specifically advised Birdsong that it would treat his Alford plea the same as a guilty plea for sentencing purposes. The court made detailed findings as to the factual basis for the guilty plea and accepted. The court imposed a four-year sentence of probation conditioned upon successful completion of offense-specific therapy. The conditions of Birdsong's probation stated, among other things:. You will obtain an evaluation, counseling or treatment for drug use, alcohol abuse, or mental conditions required by the court or probation officer. You will immediately enter, attend or remain in and successfully complete treatment as recommended in a specified facility or program and meet all financial obligations of that program. Part of pre-printed form.

advise him of the inconsistency. Birdsong, 937.2d 877, 878-79 (Colo. We conclude that Birdsong's plea was valid and therefore reverse the judgment of the court of appeals. Birdsong was originally charged with one count of sexual assault on a child, a class four felony; one count of sexual assault on a child by one in a position of trust, a class three felony; and one count of aggravated incest, also a class. The criminal charges were based on allegations made by birdsong's five-year-old daughter that he had touched her genitals under her clothes with his hands and feet. The child's mother reported the allegations *1126 to the Adams county department of Social Services when the daughter returned from weekend visits with her father suffering from a rash in her vaginal area that worsened after subsequent visits.3. Birdsong originally pleaded not guilty to the charges and the court set the matter for a jury trial. However, on January 12, 1995, birdsong pleaded guilty to third degree sexual assault, a first degree misdemeanor, in exchange for dismissal of the felony counts.4 Birdsong maintained that the acts were not motivated by sexual gratification and thus entered an Alford plea pursuant to which.

Justice kourlis help delivered the Opinion of the court. This case raises the question of whether a guilty plea pursuant to north Carolina. 2d 162 (1970 requires additional advisement and findings prior to acceptance by the trial court, or whether the acceptance of such a plea constrains the court in later revocation of probation proceedings.1 douglas Birdsong entered an Alford plea to misdemeanor third degree sexual assault. The parties stipulated in writing to a probationary sentence including offense-specific treatment, which the court accepted. Accordingly, the court sentenced Birdsong to four years probation, conditioned upon the successful completion of an offense-specific treatment program. Birdsong's treatment providers ultimately terminated him from therapy because he continued to deny the sexual intent of his acts: the very objection that had caused him to enter an Alford plea. The trial court revoked Birdsong's probation and sentenced him to twenty-four months in county jail.

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958.2d 1124 (1998 the people of The State of Colorado, petitioner,. Supreme court of Colorado, en Banc. Norton, Attorney dubai general, martha Phillips Allbright, Chief Deputy Attorney general, richard. Westfall, solicitor General, john Daniel dailey, deputy Attorney general, robert Mark russel, first Assistant Attorney general, john. Krause, assistant Attorney general, Criminal Enforcement Section, denver, for Petitioner. Law Office of Michael. Kossen, highlands Ranch, for Respondent.


birdsong part 1 summary
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