2021 Colorado Code
Title 13 - Courts and Court Procedure
Article 10 - Municipal Courts
§ 13-10-125. Judgment
Upon trial de novo of the case on appeal to the appellate court, if a jury has been demanded, the duties of the jurors shall be to determine only whether the appellant has violated the ordinance charged. Upon a verdict of guilty, the judge shall then hear and consider any material facts in mitigation or aggravation of the offense and shall impose a penalty as provided by ordinance.
History. Source: L. 69: P. 278, § 1. C.R.S. 1963: § 37-22-23 . L. 81: Entire section amended, p. 884, § 8, effective July 1.
ANNOTATION
County judge imposes penalty as required by law. Since on appeal to county court, if a jury sits, this section requires that the jury determine only whether the ordinance has been violated, the trial judge has the responsibility of imposing “a penalty as provided by law”. Hylton v. City of Colo. Springs, 32 Colo. App. 9, 505 P.2d 26 (1973) (decided under repealed § 139-36-17, C.R.S. 1963). County judge imposes penalty as required by law. Since on appeal to county court, if a jury sits, this section requires that the jury determine only whether the ordinance has been violated, the trial judge has the responsibility of imposing “a penalty as provided by law”. Hylton v. City of Colo. Springs, 32 Colo. App. 9, 505 P.2d 26 (1973) (decided under repealed § 139-36-17, C.R.S. 1963).
Under this section, “law” can be none other than municipal ordinance. Hylton v. City of Colo. Springs, 32 Colo. App. 9, 505 P.2d 26 (1973).
Judgment is a county court judgment. Whether action and penalties are characterized as criminal, quasi-criminal, or civil, a county court is empowered by statute to impose a sentence within the limits provided by the municipal ordinance, but it is nevertheless a county court judgment. Hylton v. City of Colo. Springs, 32 Colo. App. 9, 505 P.2d 26 (1973).
Municipal court has no power to issue execution on a county court judgment, as the county court must issue execution on its own judgment. Hylton v. City of Colo. Springs, 32 Colo. App. 9, 505 P.2d 26 (1973).
