CourtListener 10765029•Peo v. Brown
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23CA1551 Peo v Brown 12-24-2025
COLORADO COURT OF APPEALS
Court of Appeals No. 23CA1551
El Paso County District Court No. 19CR6356
Honorable Lin Billings Vela, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Cruzito Romeo Brown,
Defendant-Appellant.
ORDER AFFIRMED
Division II
Opinion by JUDGE FOX
Brown and Meirink, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Announced December 24, 2025
Philip J. Weiser, Attorney General, Allison S. Block, Assistant Attorney General,
Denver, Colorado, for Plaintiff-Appellee
Megan A. Ring, Colorado State Public Defender, Kevin M. Whitfield, Deputy
State Public Defender, Denver, Colorado, for Defendant-Appellant
¶1 Defendant, Cruzito Romeo Brown, appeals the district court’s
order revoking his sentence to the Youthful Offender System (YOS)
and imposing the previously suspended twenty-year Department of
Corrections (DOC) sentence. We affirm.
I. Background
¶2 When he was fifteen years old, Brown and his older brother
shot at a motorcyclist several times. The victim died, and the
prosecution charged Brown with first degree murder in the district
court. In exchange for the dismissal of that charge plus five other
juvenile cases, Brown agreed to plead guilty to one count of second
degree murder.
¶3 As specified in the plea agreement, the district court sentenced
Brown to twenty years in the custody of the DOC, suspended on the
condition that he successfully complete a six-year YOS sentence.
See §§ 18-1.3-407(2)(a)(I), C.R.S. 2025 (the YOS statute);
19-2.5-802(1)(d)(I)(B), C.R.S. 2025. When he entered YOS, Brown
signed a behavior contract saying he understood he could be
removed or revoked from YOS for violating its terms and conditions,
including assault on other offenders and gang-related activities.
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¶4 Brown did not successfully complete his YOS sentence.
Although he graduated from the YOS intake phase at the top of his
class, he later accumulated over 100 incident reports and twenty
Code of Penal Discipline (COPD) convictions for conduct including
several assaults on other offenders and gang-related activities.
After failed remediation attempts over two years, a multidisciplinary
YOS team conducted a second “suitability hearing” and
recommended revoking Brown’s YOS sentence because he had
violated the terms and conditions of his behavior contract and failed
to progress in the system. The YOS warden and the Executive
Director of the DOC reviewed and approved the team’s
recommendation.
¶5 The prosecution moved to revoke Brown’s YOS sentence and
reinstate his DOC sentence in accordance with section
18-1.3-407(5)(c). Brown was represented by counsel at the
revocation hearing, where the district court considered an extensive
revocation packet and the testimony of YOS staff members. The
court found that Brown had failed to comply with the terms and
conditions of his YOS sentence. As relevant to the primary
argument in this appeal, the court found that
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. . . despite having gone through one suitability
hearing before and having been given the
opportunity to remain in the YOS program,
there’s still a persistent representation to the
Court that it is everyone’s responsibility but
Mr. Brown’s as to why he failed to comply with
the terms and conditions of his YOS sentence.
The revocation packet does not reflect a failure
. . . of YOS to engage Mr. Brown in the
programing. To the contrary, it reflects time
and time again that they endeavored to keep
him in the program and endeavored to see him
successfully complete it.
Consequently, the court revoked Brown’s YOS sentence and
imposed the suspended twenty-year DOC sentence, with credit for
time served.
II. Discussion
¶6 At Brown’s revocation hearing, he conceded that under the
circumstances, the district court “has no discretion in this matter.”
Nonetheless, on appeal, Brown argues that the district court
abused its discretion by revoking his YOS sentence because (1) he
did not receive the full benefit of YOS programs due to the COVID
pandemic and disciplinary restrictions, (2) the prosecution failed to
establish that YOS followed all proper procedures prior to
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revocation, and (3) the evidence shows that Brown’s successes in
YOS outweigh his failures. We reject these arguments.
A. Limited Discretion to Not Revoke
¶7 We review a district court’s decision to revoke a YOS sentence
for an abuse of discretion, People v. Johnson, 2022 COA 68, ¶ 35,
but this discretion is limited by the YOS statute, People v. Morris,
2024 COA 105, ¶ 26. Once the YOS recommends revocation and
the DOC returns an offender to the district court, the YOS statute
requires the district court to revoke the offender’s YOS sentence
and impose the suspended DOC sentence unless certain conditions
apply. Id. at ¶¶ 26-27; § 18-1.3-407(2)(a)(II), (5).
¶8 Under existing case law, a court has discretion to deny a YOS-
recommended revocation when (1) the prosecution moves to revoke
without just cause or fails to prove that the offender cannot
successfully complete the sentence, People v. McCoy, 939 P.2d 537,
540 (Colo. App. 1997); or (2) the DOC fails to comply with the
provisions of the YOS statute, People v. Martinez, 2015 COA 33,
¶¶ 29-30. And the court may impose a reduced DOC sentence only
when the offender’s inability to complete a YOS sentence is due to a
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diagnosed “behavioral or mental health disorder or intellectual and
developmental disability.” § 18-1.3-407(5)(b).
¶9 A court abuses its discretion in a YOS revocation decision
when the decision is manifestly arbitrary, unreasonable, or unfair.
Johnson, ¶ 35.
B. Analysis
¶ 10 To the extent the district court had discretion to not revoke
Brown’s YOS sentence, we perceive no abuse of discretion.
¶ 11 With respect to the lack of YOS programming, Brown argues
that because the YOS statute guarantees “enriched programming”
and Brown did not receive the full array of programs, the court
should have exercised its discretion not to revoke.1 Even accepting
that the statute guarantees a certain amount of enriched
programming, we perceive nothing manifestly arbitrary,
unreasonable, or unfair about the court’s decision. While the
record shows that some YOS programs were affected by pandemic
1 The stated purpose of the YOS statute is to provide youthful
offenders with “a controlled and regimented environment that
affirms dignity of self and others, promotes the value of work and
self-discipline, and develops useful skills and abilities through
enriched programming.” § 18-1.3-407(1), C.R.S. 2025.
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lockdowns, it also supports the court’s findings that YOS did not
fail to offer enriched programming — rather, Brown failed to
successfully engage in the programs offered, and his participation
was necessarily limited by the risk of harm to other inmates.
¶ 12 Regarding Brown’s argument that the prosecution failed to
prove that YOS followed proper revocation procedures, Brown
appears to make two assertions: that (1) he did not receive the
administrative due process afforded for his COPD convictions, and
(2) the YOS did not follow its own procedures — specifically, giving
notice of the witnesses against Brown and access to physical
evidence — for the suitability hearing. We reject this argument for
three reasons.
¶ 13 First, this is not the due process argument Brown pursued at
the revocation hearing, where he challenged the validity of the YOS
procedures themselves. Second, the legality of Brown’s COPD
convictions was not properly before the district court in the
revocation proceeding. See Garcia v. Harms, 2014 COA 154, ¶ 10
(holding that “where an inmate challenges the [DOC]’s quasi-
judicial action, his claim falls within the scope of Rule 106.5, and
he must bring his action in accordance with the rule”). And third,
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the administrative regulation that governs an offender’s due process
rights at a suitability hearing does not provide for notice of
witnesses or access to physical evidence. See DOC Admin. Reg.
1600-01(IV)(F)(5)(a) (listing specific due process rights offered at a
suitability hearing).
¶ 14 Finally, we reject Brown’s argument that the YOS statute
grants the district court discretion to weigh an offender’s success-
to-failure rate and determine whether the offender remains a
suitable candidate for YOS. See Morris, ¶¶ 25-27. A court cannot
abuse discretion it has no authority to exercise.
¶ 15 We conclude that here, the district court properly exercised its
limited discretion.
III. Disposition
¶ 16 The order is affirmed.
JUDGE BROWN and JUDGE MEIRINK concur.
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