AGO 85-5.
Case Date | March 12, 1985 |
Court | Colorado |
Colorado Attorney General Opinions
1985.
AGO 85-5.
March 12, 1985Department of Law
Attorney General Opinion FORMAL OPINION
of DUANE WOODARD
Attorney General Opinion No. 85-5
AG Alpha No. RL LO AGAOA
Mr. Alan Charnes,
Director
Department of Revenue
416
Capitol Annex
1375 Sherman Street
Denver, CO 80261
RE: Felony convictions under
the lottery statuteDear Mr. Charnes:
I am writing in response to the request of your office for a
formal legal opinion concerning whether the Lottery Division must revoke a
sales agent's license when the sales agent has been convicted of a felony in a
foreign jurisdiction.
QUESTION PRESENTED AND CONCLUSION
Pursuant to sections 24-35-206(2)(a)(II) and (4)(b), C.R.S.
(1982), can the Lottery revoke a license, or deny an application for a license,
before a direct appeal of the conviction is completed?
Pursuant to these sections, the Lottery Division cannot revoke
the license of a lottery sales agent, or deny an application for a license,
until the direct appeals process is completed.
Pursuant to sections 24-35-206(2)(a)(II) and (4)(b), must the
Lottery revoke a license, or deny an application for a license, on the ground
that a licensee or applicant has been convicted of a felony in a foreign
jurisdiction?
Yes. The Lottery Division must revoke a license, or deny an
application for a license, if the licensee or applicant has been convicted of a
felony in a foreign jurisdiction.
Does revocation of a license solely for conviction of a felony
deny the licensee either due process or equal protection?
No. License revocation based solely on a felony conviction does
not violate constitutional requirements.
ANALYSIS
Licensure of lottery sales agents is governed by section
24-35-206, C.R.S. (1982). Section 24-35-206 prohibits certain persons from
holding sales agent's licenses. Section 24-35-206(2)(a)(II) requires the
Lottery Division to revoke a license if the licensee is convicted of any
felony. Section 24-35-206(4)(b) requires the Lottery to deny a license if the
applicant has been convicted of a felony.
The answer to the first question depends upon when a conviction
is deemed final. Whether a conviction is final is determined by the factual and
statutory contexts. In criminal matters, convictions are usually final prior to
completion of direct appeals. In People v. District Court, 192 Colo. 375 559
P.2d 235 (1977), the supreme court held that conviction is final under the
Habitual Criminal Act after the motion for new trial has been decided. In
People v. District Court, 191 Colo. 558, 554 P.2d 1105 (1976), for the purpose
of using prior convictions which are on appeal for sentencing considerations,
the term "convicted" was defined to mean convicted upon trial. Under the bail
bond statute conviction occurs upon the entry of a guilty verdict following
trial. People v. Bartsch, 37 Colo. App. 52, 543 P.2d 1273 (1975).
In civil matters in Colorado in which a person's rights are
affected by conviction of a felony, conviction is not final until direct
appeals have been exhausted. Hummel v. Board of Chiropractic Examiners of...
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