People v. M.B.

Summary

The Colorado Supreme Court held that Colorado Revised Statutes section 18-8-210.1 does not violate article XVIII, section 4 of the Colorado Constitution. The statute permissibly authorizes felony escape charges against certain adjudicated juvenile delinquents without redefining juvenile adjudications as felony convictions.

Holdings

1. Section 18-8-210.1 is not facially unconstitutional under article XVIII, section 4 of the Colorado Constitution because it does not redefine felony or convert a juvenile adjudication into a felony conviction; it merely authorizes felony escape charges for a specified class of juvenile offenders.
2. Section 18-8-210.1 is not unconstitutional as applied to the five defendants because applying it to authorize felony escape charges does not impermissibly modify the constitutional definition of felony.

Questions Presented

1. Whether section 18-8-210.1 violates article XVIII, section 4 of the Colorado Constitution on its face by allowing certain adjudicated juvenile delinquents to be charged with felony escape.
2. Whether section 18-8-210.1 is unconstitutional as applied to these juvenile defendants because it allegedly expands or redefines the constitutional meaning of felony.

Disposition

writ_granted