April 19, 2018

Colorado Supreme Court: Narrowing of Time Frame for Charged Acts was Amendment of Form, Not Substance

The Colorado Supreme Court issued its opinion in People v. Sandoval on Monday, March 26, 2018.

Plain Error Review—Sentencing.

The supreme court held that Blakely v. Washington, 542 U.S. 296 (2004), applies to a direct sentence to community corrections. The court further held that it was plain error for the trial court to sentence defendant to an aggravated sentence to community corrections without meeting Blakely’s requirements. The court affirmed the decision of the court of appeals and remanded the case for resentencing.

Summary provided courtesy of Colorado Lawyer.

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Comments

  1. Karen Brady says:

    I read People v. Washam and it never mentions Blakely and it does not affirm the court of appeals decision. There’s a mix up here somewhere.

  2. Susan Hoyt says:

    You are correct – the summary applies to a different case. We will update it for tomorrow. Thank you for pointing that out.

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