May 20, 2019

Colorado Supreme Court: Misenhelter v. People

on June 21, 2010.

Criminal Sentencing—Apprendi–Blakely Line of Cases—Prior Conviction Exception.

The Supreme Court affirmed the trial court’s use of defendant’s aggravated incest conviction to aggravate his sentence for negligent child abuse beyond the presumptive range. The Court held that when a defendant pleads guilty to two or more charges and convictions are entered on them, the entered convictions can be used to aggravate penalties during sentencing without offending Blakely v. Washington, 542 U.S. 296, 302-10 (2004), and its progeny. Similarly, the facts substantiating the prior conviction can be Blakely-compliant if the defendant effectuates a knowing, voluntary, and intelligent waiver.

Summary and full case available here.

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