Peo v. Cavin

── Peo v. Cavin ── Court: Colorado Court of Appeals Date: April 09, 2026 Category: General 23CA2083 Peo v Cavin 04-09-2026 COLORADO COURT OF APPEALS Court of Appeals No. 23CA2083 Arapahoe County District Court No. 18CR2114 Honorable Shay K. Whitaker, Judge The People of the State of Colorado, Plaintiff-Appellee, v. Brittnee Shaelynn Cavin, Defendant-Appellant. JUDGMENT AFFIRMED Division IV Opinion by JUDGE FREYRE Brown and Schutz, JJ., concur NOT PUBLISHED PURSUANT TO C.A.R. 35(e) Announced April 9, 2026 Philip J. Weiser, Attorney General, Wendy J. Ritz, First Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee Megan A. Ring, Colorado State Public Defender, Daniel J. Sequeira, Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant ¶1 Defendant, Brittnee Shaelynn Cavin, appeals the trial court’s order revoking her deferred judgment and sentence. We affirm. I. Background ¶2 On April 1, 2019, Cavin pleaded guilty to one count of possession of a controlled substance. The trial court accepted the plea and entered a two-year deferred judgment and sentence. The deferred judgment included the standard terms and conditions of probation. ¶3 As relevant here, the terms of Cavin’s deferred judgment included the following: 9. I will report to the probation officer for appointments as directed by the Court or the probation officer. I understand that the probation officer can visit me at reasonable times at home or elsewhere. I will provide the probation department with safe access to my residence. 10. I will notify the probation officer of changes in my address, phone number, employment, or education status. ¶4 The agreement further stated that if Cavin “breache[d] any of the conditions regulating the conduct of the Defendant, the Court shall enter judgment and impose sentence upon such guilty plea.” 1 ¶5 On September 13, 2019, Cavin’s probation officer filed a complaint for revocation of the deferred judgment and sentence. The complaint alleged that Cavin failed to appear for scheduled probation appointments on July 11, July 31, August 26, and September 10 and failed to pay imposed fees. Cavin did not respond to probation’s attempts to contact her. The court issued a warrant for her arrest. ¶6 On August 31, 2020, Cavin appeared on the warrant and asked to apply for public defender representation. The court cancelled the arrest warrant and released Cavin on a personal recognizance bond. When Cavin failed to appear for a hearing on March 1, 2021, the court revoked her personal recognizance bond and issued another warrant for her arrest. ¶7 On March 11, Cavin again appeared on the warrant and explained that she missed the March 1 hearing because she was also dealing with a child protection case and got her dates confused. Cavin said she had repeatedly reached out to the public defender’s office and had not heard back. The prosecution noted five prior failures to appear. The court said: 2  All right. Ms. Cavin, I can’t stress to you enough that you can’t continue to fail to appear on these cases. We keep doing this every month with you where we set a Court date, you fail to appear. Then you show up a couple of days later. We reinstate the bond and we keep going through the circle. We can’t do this anymore. What I will do today is I will give you a quick Arguello advisement. That’s an advisement that basically goes over your rights to counsel and we are going to set this over for one fina