Ingram v. Cooper, 698 P.2d 1314 (Colo. 1985). · Go Syfert
Ingram v. Cooper, 698 P.2d 1314 (Colo. 1985). Cases Citing This Book View Copy Cite
103 citation events (9 in the last 25 years) across 4 distinct courts.
Strongest positive: In re the Marriage of Nicholas Jay Dale and Nicole Jehlicka Dale., Respondent: (colo, 2026-05-26)
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 47 distinct citers. How cited ↗
discussed Cited as authority (rule) In re the Marriage of Nicholas Jay Dale and Nicole Jehlicka Dale., Respondent: (2×) also: Cited "see"
Colo. · 2026 · confidence medium
Ingram v. Cooper , 698 P.2d 1314, 1315 (Colo. 1985); § 2-4-201(1)(c), C.R.S. (2025).
discussed Cited as authority (rule) Carmen NIETO v. CLARK'S MARKET, INC.
Colo. · 2021 · confidence medium
Co. v. Colo. Dep't of Revenue , 2016 CO 23 , ¶ 15 n.5, 369 P.3d 281 , 285 n.5 ; Ingram v. Cooper , 698 P.2d 1314, 1316 ( Colo. 1985 ) ; see also Brunson v. Colo. Cab Co., LLC , 2018 COA 17 , ¶ 12 , 433 P.3d 93, 96 ( "When a promulgating body provides an interpretation contained in other formats, such as opinion letters, internal agency guidelines, manuals or bulletins — all of which lack the force of law — such interpretations are ‘entitled to respect,’ but only to the extent that those interpretations have the ‘power to persuade.’ " ) ( citation omitted ) . ¶39 The CDLE interpr…
cited Cited as authority (rule) People v. Adams
Colo. · 2016 · confidence medium
Court, 713 P.2d 918, 921 (Colo. 1986); Ingram v. Cooper, 698 P.2d 1314, 1317 (Colo. 1985)).
discussed Cited as authority (rule) Hopkins v. Industrial Claim Appeals Office
Colo. Ct. App. · 2011 · confidence medium
See § 2-4-201, C.R.S.2011 (a just and reasonable result is intended by the enactment of statute); Ingram v. Cooper, 698 P.2d 1314, 1315 (Colo.1985) (statutes should be interpreted to avoid a construction that defeats legislative intent or leads to an absurd result).
discussed Cited as authority (rule) Board of County Commissioners v. Park County Sportsmen's Ranch, LLP (2×)
Colo. · 2002 · confidence medium
Ingram v. Cooper, 698 P.2d 1314, 1315 (Colo.1985).
cited Cited as authority (rule) Telluride Resort & Spa, L.P. v. Colorado Department of Revenue
Colo. · 2002 · confidence medium
Ingram v. Cooper, 698 P.2d 1314, 1816 (Colo.1985); Travelers Indemm.
cited Cited as authority (rule) Colorado State Board of Medical Examiners v. Roberts
Colo. Ct. App. · 2001 · confidence medium
Ingram v. Cooper, 698 P.2d 1314, 1315 (Colo.1985).
discussed Cited as authority (rule) Conte v. Meyer (2×)
Colo. · 1994 · confidence medium
City of Ouray v. Olin, 761 P.2d 784, 788 (Colo.1988); Ingram v. Cooper, 698 P.2d 1314, 1315 (Colo.1985); Colorado Dept. of Social Serv. v. Board of County Comm’rs, 697 P.2d 1, 18 (Colo.1985); § 2-4-201(1)(c), 1B C.E.S. (1980).
cited Cited as authority (rule) Bickel v. City of Boulder
Colo. · 1994 · confidence medium
See People v. Johnson, 797 P.2d 1296, 1298 (Colo.1990); Ingram v. Cooper, 698 P.2d 1314, 1315 (Colo.1985).
cited Cited as authority (rule) People v. Moore
Colo. · 1994 · confidence medium
Ingram v. Cooper, 698 P.2d 1314, 1315 (Colo.1985).
discussed Cited as authority (rule) People v. Andrews (2×)
Colo. · 1994 · confidence medium
See People v. District Court, 713 P.2d at 921 (a statute should be interpreted "to give consistent, harmonious, and sensible effect to all its parts"); Ingram, 698 P.2d at 1317 (rejecting a construction which would "render meaningless" the penalties adopted by the General Assembly).
discussed Cited as authority (rule) City and County of Denver v. Desert Truck Sales, Inc. (2×)
Colo. · 1992 · confidence medium
See In the interest of R.C., 775 P.2d 27, 29 (Colo.1989); Ingram v. Cooper, 698 P.2d 1314, 1315 (Colo.1985).
cited Cited as authority (rule) BOULDER CTY. BD. OF EQUAL. v. MDC Const. Co.
Colo. · 1992 · confidence medium
"There is a presumption that the General Assembly intends a just and reasonable result when it enacts a statute...." Ingram v. Cooper, 698 P.2d 1314, 1315 (Colo.1985); accord § 2-4-201(1)(c).
cited Cited as authority (rule) Boulder County Board of Equalization v. M.D.C. Construction Co.
Colo. · 1992 · confidence medium
“There is a presumption that the General Assembly intends a just and reasonable result when it enacts a stat-ute_” Ingram v. Cooper, 698 P.2d 1314, 1315 (Colo.1985); accord § 2-4-201(l)(c).
discussed Cited as authority (rule) Faulkner v. District Court of Eighteenth Judicial District (2×)
Colo. · 1992 · confidence medium
Ingram v. Cooper, 698 P.2d 1314, 1315 (Colo.1985) (presumption that General Assembly was mindful of prior good-time credit statutes when it enacted sentencing scheme for offenders).
cited Cited as authority (rule) H.B. v. Lake County District Court
Colo. · 1991 · confidence medium
Ingram v. Cooper, 698 P.2d 1314, 1315 (Colo.1985).
cited Cited as authority (rule) Danielson v. Castle Meadows, Inc.
Colo. · 1990 · confidence medium
E.g., Ingram v. Cooper, 698 P.2d 1314, 1315 (Colo.1985).
cited Cited as authority (rule) Estate of David v. Snelson
Colo. · 1989 · confidence medium
In re R.C., 775 P.2d 27, 29 (Colo.1989); Ingram v. Cooper, 698 P.2d 1314, 1315 (Colo.1985).
discussed Cited as authority (rule) In the Interest of R.C. (2×)
Colo. · 1989 · confidence medium
Ingram v. Cooper, 698 P.2d 1314, 1315 (Colo.1985).
discussed Cited as authority (rule) Stuckey v. Stuckey (2×)
Colo. · 1989 · confidence medium
See generally § 2-4-201(1)(c), 1B C.R.S. (1980) (legislature is presumed to have intended a just and reasonable result); Ingram v. Cooper, 698 P.2d 1314, 1315 (Colo.1985) (same).
cited Cited as authority (rule) City of Ouray v. Olin
Colo. · 1988 · confidence medium
Ingram v. Cooper, 698 P.2d 1314, 1315 (Colo.1985); City & County of Denver v. Holmes, 156 Colo. 586, 590 , 400 P.2d 901, 903 (1965); § 2-4-201(1)(c), IB C.R.S. (1980).
cited Cited as authority (rule) Pigg v. State Department of Highways
Colo. · 1987 · confidence medium
Ingram v. Cooper, 698 P.2d 1314, 1316 (Colo.1985); City & County of Denver v. Industrial Commission, 690 P.2d 199, 203 (Colo.1984).
cited Cited "see" State v. Nieto
Colo. · 2000 · signal: see · confidence high
See Ingram v. Cooper, 698 P.2d 1314, 1315 (Colo.1985); see also § 2-4-201(l)(c) (“A just and reasonable result is intended.”); AviComm, Inc. v. Colorado Pub.
cited Cited "see" Holly Nursing Care Center v. Industrial Claim Appeals Office of the State
Colo. Ct. App. · 1999 · signal: see · confidence high
See Ingram v. Cooper, 698 P.2d 1314 (Colo.1985) (agency interpretation of statute entitled to great deference); see also City & County of Denver v. Industrial Commission, 690 P.2d 199 (Colo.1984).
discussed Cited "see" Gorman v. Tucker by and Through Edwards (2×)
Colo. · 1998 · signal: see · confidence high
See Ingram, v. Cooper, 698 P.2d 1314, 1316-17 (Colo.1985) (holding that the General Assembly is presumed to be knowledgeable of existing laws and statutes at the time it enacts a particular statute).
cited Cited "see" Fraternal Order of Police, Colorado Lodge 27 v. City & County of Denver
Colo. Ct. App. · 1996 · signal: see · confidence high
See Ingram v. Cooper, 698 P.2d 1314 (Colo.1985) (statutory construction that leads to an absurd result will not be followed).
cited Cited "see" Norsby v. Jensen
Colo. Ct. App. · 1995 · signal: see · confidence high
See Ingram v. Cooper, 698 P.2d 1314 (Colo.1985); § 2-4-201(l)(c), C.R.S. (1986 RepLVol.
discussed Cited "see" People v. Bland (2×)
Colo. · 1994 · signal: see · confidence high
See Ingram v. Cooper, 698 P.2d 1314, 1315 (Colo.1985).
discussed Cited "see" Smith v. Zufelt Ex Rel. Zufelt
Colo. · 1994 · signal: see · confidence high
See Ingram v. Cooper, 698 P.2d 1314, 1315 (Colo.1985) (“There is a presumption that the General Assembly intends a just and reasonable result when it enacts a statute, and a statutory construction that defeats the legislative intent or leads to an absurd result will not be followed.”).
discussed Cited "see" People v. Barry
Colo. Ct. App. · 1994 · signal: see · confidence high
See Ingram v. Cooper, 698 P.2d 1314 (Colo.1985) (supreme court noted hypothetical situations posited by expert at trial in which defendant’s proposed interpretation would result in absurd consequences).
cited Cited "see" People v. Vega
Colo. Ct. App. · 1994 · signal: see · confidence high
See Ingram v. Cooper, 698 P.2d 1314 (Colo.1985).
cited Cited "see" Malmgren v. Copper Mountain, Inc.
Colo. Ct. App. · 1994 · signal: see · confidence high
See Ingram v. Cooper, supra. Accordingly, we reject petitioners’ argument based on this interpretation.
cited Cited "see" Higgins v. People
Colo. · 1994 · signal: see · confidence high
See Ingram, v. Cooper, 698 P.2d 1314,1315 (Colo.1985).
cited Cited "see" People v. Pflugbeil
Colo. Ct. App. · 1992 · signal: see · confidence high
See Ingram v. Cooper, 698 P.2d 1314 (Colo.1985).
cited Cited "see" Subsequent Injury Fund v. Grant
Colo. Ct. App. · 1991 · signal: see · confidence high
See Ingram v. Cooper, 698 P.2d 1314 (Colo.1985); Frohlick Crane Service, Inc. v. Mack, 182 Colo. 34 , 510 P.2d 891 (1973).
discussed Cited "see" Federico v. Brannan Sand & Gravel Co. (2×)
Colo. · 1990 · signal: see · confidence high
See Ingram v. Cooper, 698 P.2d 1314, 1317 (Colo.1985) (the General Assembly was presumed to have knowledge of good time credit statutes when sentencing statutes were enacted).
cited Cited "see" McIntyre v. City of Denver, Department of Revenue
Colo. Ct. App. · 1988 · signal: see · confidence high
See Ingram v. Cooper, 698 P.2d 1314 (Colo.1985).
cited Cited "see" Colorado Common Cause v. Meyer
Colo. · 1988 · signal: see · confidence high
See Ingram v. Cooper, 698 P.2d 1314 (Colo.1985); Travelers Indemnity Co. v. Barnes, 191 Colo. 278 , 552 P.2d 300 (1976).
discussed Cited "see" People v. Green
Colo. · 1987 · signal: see · confidence high
See Ingram v. Cooper, 698 P.2d 1314 (Colo.1985); Krieg v. Prudential Property & Casualty Insurance Co., 686 P.2d 1331 (Colo.1984); Van Gerpen v. Peterson, 620 P.2d 714 (Colo.1980); see also 2A Sutherland Statutory Construction § 45.12 (C.
cited Cited "see" Pueblo West Metropolitan District v. Southeastern Colorado Water Conservancy District
Colo. Ct. App. · 1986 · signal: see · confidence high
See Ingram v. Cooper, 698 P.2d 1314 (Colo. 1985); Healey v. City & County of Denver, 43 Colo.App. 496 , 611 P.2d 587 (1979).
cited Cited "see" People v. Russell
Colo. Ct. App. · 1985 · signal: see · confidence high
See Cooper v. Ingram, supra. Moreover, it would be-tantamount to judicially changing the crime here at issue from a class 3 felony to a class 2 felony.
cited Cited "see" Meyer v. Charnes
Colo. Ct. App. · 1985 · signal: see · confidence high
See Ingram v. Cooper, supra. Finally, we resolve the substantial doubt which attends the construction of this statute in favor of taxpayers and against the government.
discussed Cited "see, e.g." South Adams County Water & Sanitation District v. Broe Land Co.
Colo. · 1991 · signal: see also · confidence medium
Luis Coppa & Son v. Kuiper, 171 Colo. 315, 322-23 , 467 P.2d 273, 277 (1970); McLean v. Farmers’ Highline Canal & Reservoir Co., 44 Colo. 184 , 98 P. 16 (1908); see also Ingram v. Cooper, 698 P.2d 1314, 1316 (Colo.1985) (contemporaneous construction of legislation by agency charged with its enforcement, though not controlling, is to be given deference by courts when interpreting a statute); Davis v. Conour, 178 Colo. 376 , 497 P.2d 1015 (1972) (same); Hassler v. Fountain Mutual Irrigation Co., 93 Colo, at 246, 26 P.2d at 102 .
cited Cited "see, e.g." Three Bells Ranch Associates v. Cache La Poudre Water Users Ass'n
Colo. · 1988 · signal: see, e.g. · confidence medium
See, e.g., Ingram v. Cooper, 698 P.2d 1314, 1316 (Colo.1985); Travelers Indemnity Co. v. Barnes, 191 Colo. 278, 282 , 552 P.2d 300, 303 (1976).
discussed Cited "see, e.g." State Personnel Board v. Lloyd (2×)
Colo. · 1988 · signal: see, e.g. · confidence low
See, e.g., Ingram v. Cooper, 698 P.2d 1314 (Colo.1985).
discussed Cited "see, e.g." Colorado Health Care Ass'n v. Colorado Department of Social Services
10th Cir. · 1988 · signal: see, e.g. · confidence medium
See, e.g., Ingram v. Cooper, 698 P.2d 1314, 1315 (Colo.1985); Colorado Dept. of Social Services v. Board of County Commissioners, 697 P.2d 1, 18 (Colo.1985); Industrial Commission v. Board of County Commissioners, 690 P.2d 839, 844 (Colo.1984).
discussed Cited "see, e.g." Colorado Health Care Association v. Colorado Department of Social Services
10th Cir. · 1988 · signal: see, e.g. · confidence medium
See, e.g., Ingram v. Cooper, 698 P.2d 1314, 1315 (Colo.1985); Colorado Dept. of Social Services v. Board of County Commissioners, 697 P.2d 1, 18 (Colo.1985); Industrial Commission v. Board of County Commissioners, 690 P.2d 839, 844 (Colo.1984).
Retrieving the full opinion text from the archive…
Michael INGRAM, Petitioner-Appellant,
v.
Thomas I. COOPER, Superintendent, Shadow Mountain Correctional Facility, Respondent-Appellee; Jack Floyd PARRISH, Petitioner-Appellant, v. James G. RICKETTS, Executive Director, Department of Corrections, State of Colorado, and Thomas I. Cooper, Superintendent, Shadow Mountain Correctional Facility, Respondents-Appellees; Ben Gary ARMSTRONG, Petitioner-Appellant, v. James G. RICKETTS, Executive Director, Department of Corrections, State of Colorado, and Thomas I. Cooper, Superintendent, Shadow Mountain Correctional Facility, Respondents-Appellees; James Lee BRUEBAKER, Petitioner-Appellant, v. Mark McGOFF, Superintendent, Fremont Correctional Facility, Respondent-Appellee; Dennis Floyd KING, Petitioner-Appellant, v. Chase RIVELAND, Executive Director of the Colorado State Department of Corrections, Et Al; R. Mark McGoff, Superintendent, Fremont Correctional Facility, Et Al.; Paul Watson, Time Computation Officer, Department of Corrections, Et Al., Respondents-Appellees; Alex ANKERICH, Petitioner-Appellant, v. Chase RIVELAND, Respondent-Appellee
82SA437, 83SA56, 83SA57, 83SA308, 83SA326 and 84SA29.
Supreme Court of Colorado.
Jan 21, 1985.
698 P.2d 1314
1985 Colo. LEXIS 370
David F. Vela, Colorado State Public Defender, Barbara S. Blackman, Deputy State Public Defender, Denver, for petitioners-appellants., L. Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Richard H. Forman, Sol. Gen., John Daniel Dailey, Asst. Atty. Gen., Denver, for respondents-appellees.
Erickson.
Cited by 88 opinions  |  Published
ERICKSON, Chief Justice.

In this consolidated appeal, the petitioners are inmates at the Colorado State Penitentiary who claim they were improperly denied good-time credits under sections 17-20-104 and 17-20-105, 8 C.R.S. (1978). The petitioners assert that they are entitled to a cumulative award of good-time credits under sections 17-20-104, 17-20-105, and 17-20-107, but received actual credit only under section 17-20-107. We conclude that the district court properly interpreted Colorado statutes regarding credit reductions against the sentences imposed by allowing the petitioners good-time credits only under section 17-20-107. We therefore affirm.

I.

The petitioners were convicted of criminal offenses between 1935 and 1979, and incarcerated for various terms in the Colorado State Penitentiary. Beginning in 1982, the petitioners each filed writs of habeas corpus in the district court, alleging that the Department of Corrections improperly computed the length of their sentences by failing to award them credits for “good-time” as provided by sections 17-20-104 and 17-20-105, in addition to the good-time credits allowed under section 17-20-107.

The writs of habeas corpus were denied by the district court. The court stated that it interpreted sections 17-20-104 and 17-20-105 as providing good-time credit to persons convicted prior to September 1, 1935, while section 17-20-107 provides credit to persons convicted on and after that date. [1] The district court found that the General Assembly intended the post-1935 good-time credits to apply independently and exclusively from the pre-1935 credits, and concluded that to permit the petitioners to receive cumulative credits under all three sections would defeat any reasonable legislative intention in providing for good-time credits. Inasmuch as the individual appeal of each petitioner raises the identical issue regarding the proper interpretation of Colorado’s good-time statutes, we consolidated the cases for review.

II.

The Department of Corrections asserts that the statutes providing for good-time credits evince two separate and distinct legislative schemes, inasmuch as sections 17-20-104 and 17-20-105 allow good-time credits to persons convicted prior to September 1, 1935, while persons convicted after September 1, 1935 are entitled only to the good-time credits provided by section 17-20-107. We agree.

In interpreting any statute, the intent of the lawmaking body must be ascertained and given effect if possible. Stephen v. City and County of Denver, 659 P.2d 666 (Colo.1983). There is a presumption that the General Assembly intends a just and reasonable result when it enacts a statute, and a statutory construction that defeats the legislative intent or leads to an absurd result will not be followed. § 2-4-201(l)(c), IB C.R.S. (1980); Frohlick Crane Service, Inc. v. Mack, 182 Colo. 34, 510 P.2d 891 (1973); Colorado & Southern Railway v. District Court, 177 Colo. 162, 493 P.2d 657 (1972); Dye Const. Co. v. Dolan, 41 Colo.App. 293, 589 P.2d 497 (1978).

[*1316] Every person convicted and confined in the state penitentiary after September 1, 1935 and before September 1,1979 who has complied with the rules and regulations of the prison and who performs work and duties in the manner prescribed by statute is entitled to credit reductions in accordance with the schedule provided in section 17-20-107(1), 8 C.R.S. (1978). Additional credit reductions for inmates designated as “trustees” and for inmates who perform outstanding or meritorious service are permitted under section 17-20-107(2) and (3), 8 C.R.S. (1978). The General Assembly provided, however, that section 17-20-107 became effective September 1, 1935, and applies only to persons convicted on and after that date. Section 17-20-109, 8 C.R.S. (1978). Inmates convicted prior to September 1, 1935 are entitled to good-time credits in accordance with the standards and schedule provided by section 17-20-104, and to “trustee” credits as provided by section 17-20-105, 8 C.R.S. (1978).

In our view, the General Assembly could not have intended to grant good-time credits to persons convicted on or after September 1, 1935 under section 17-20-104 and 17-20-105, in addition to the credits provided by section 17-20-107, as the petitioners assert. We note at the outset that the contemporaneous construction of legislation by the agency charged with its enforcement, though not controlling, is to be given deference by the courts when interpreting a statute. Travelers Indent. Co. v. Barnes, 191 Colo. 278, 552 P.2d 300 (1976). At the evidentiary hearing, Edward Buckingham, an expert in corrections responsible for time computations for the Department of Corrections, stated that since the initial enactment of section 17-20-107 in 1935, good-time credits have been awarded to inmates convicted after 1935 only under the terms of section 17-20-107. The Department’s consistent method of calculating good-time credits following the 1935 enactment has gone unchallenged until the filing of the present cases in 1982, and is entitled to some deference by this court.

Buckingham also presented calculations demonstrating that the amalgamation of credits under both the pre- and post-1935 good-time statutes would result in substantial reductions in the periods of actual incarceration necessary to satisfy a criminal sentence. Buckingham stated that by cumulatively awarding the credits allowed under section 17-20-104 and 17-20-105 with the credits available under section 17-20-107, an inmate sentenced to a one-year term would be eligible for release upon serving only four months and eight days of actual incarceration. An additional three months and twenty-four days of incarceration would satisfy a two-year sentence. Buckingham also testified that upon reaching the sixth year of incarceration, as reduced by applicable credit reductions, each subsequent year of sentence could be satisfied by serving only fourteen days of actual incarceration. A term of ten years could therefore be satisfied in one year, three months, and nineteen days, while a forty-year sentence could be satisfied by serving an actual term of only two years, two months, and nineteen days. [2]

As Buckingham’s testimony demonstrates, the cumulative application of the pre- and post-1935 good-time statutes would produce absurd sentencing results which are contrary to the legislative scheme governing criminal penalties and statutory credit reductions. We may presume that the General Assembly was mind[*1317] ful of the good-time credit statutes when it enacted the sentencing scheme for pre-1979 offenders, which authorized terms of incarceration from one to ten years for class-four felonies, five to forty years for class-three felonies, and ten to fifty years for class-two felonies. See § 18-1-105, 8 C.R.S. (1978); City and County of Denver v. Rinker, 148 Colo. 441, 366 P.2d 548 (1962) (presumption exists that General Assembly passes laws with knowledge of those already existing). We cannot conclude that the General Assembly intended to enact such lengthy criminal penalties only to have them vitiated, for all practical purposes, through a scheme of duplicative good-time credits. Such a construction would render meaningless the penalties adopted by the General Assembly and would defeat the purposes of punishment, deterrence, rehabilitation, and protection of society that, in the judgment of the General Assembly, the pre-1979 penalties were designed to accomplish.

Our conclusion that section 17-20-107 was intended as a parallel good-time provision for post-1935 offenders, and not as an addition to the credits authorized by section 17-20-104 and 17-20-105, is buttressed by the provision in chapter 48, section 556 of 1935 Colorado Statutes Annotated, the precursor of section 17-20-107, which stated that the credits allowed under the section apply “(instead of and in lieu of such time credits as were heretofore allowed by law).” While the parenthetical language does not appear in the subsequent revisions of the statute, the provision has never been deleted or amended by an express act of the General Assembly. We cannot assume that the disappearance of the parenthetical language evinces an intent to change the law to allow the cumulative amalgamation of pre- and post-1935 good-time credits, particularly in light of the absurd consequences that would result from such an assumption.

The judgment of the district court is affirmed.

1

. The statutes governing good-time credits were repealed in 1984. Ch. 125, sec. 1, 1984 Colo. Sess.Laws 515; Ch. 126, sec. 2, 1984 Colo.Sess. Laws 517, 524. Good-time credits are currently governed by section 17-22.5-301, 8 C.R.S. (1984 Supp.).

2

. The computations are based upon the assumption that all credit available for good-time, trustee time, and meritorious service time is awarded. Buckingham testified that, for all practical purposes, the Department of Corrections treats the statutory good-time and trustee credits as mandatory for all inmates, while credits for meritorious time are treated as discretionary by the Department.