AGO 85-5.

Case Date:March 12, 1985
Court:Colorado
 
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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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