May 22, 2019

Colorado Supreme Court: Aggregate Sentences Amounting to Life for Juvenile Not Unconstitutional

The Colorado Supreme Court issued its opinion in Lucero v. People on Monday, May 22, 2017.

Life without Parole—Juveniles—Eighth Amendment—Colorado Rules of Criminal Procedure 35(b) and 35(c).

The Colorado Supreme Court considered whether Graham v. Florida, 560 U.S. 48 (2010), and Miller v. Alabama, 132 S.Ct. 2455 (2012), apply to aggregate term-of-years sentences imposed on juvenile defendants convicted of multiple offenses. Graham holds that the Eighth Amendment to the U.S. Constitution prohibits the sentence of life without parole for a juvenile non-homicide offender. Miller bars mandatory life without parole for any juvenile offender. Because life without parole is a specific sentence imposed for a single offense, the court held that Graham and Miller do not apply to aggregate term-of-years sentences imposed for multiple offenses. The court thus held that Graham and Miller do not apply to Lucero’s aggregate term-of-years sentence. The court also considered whether the court of appeals erred by treating Lucero’s Rule 35(b) motion for sentence reduction as a Rule 35(c) motion challenging the constitutionality of his sentence. Because a court may properly characterize a mischaracterized issue, and Lucero argued that his sentence must be reduced under Graham to meet constitutional standards, the court held that the court of appeals did not err. Accordingly, the supreme court affirmed the court of appeals’ judgment.

Summary provided courtesy of The Colorado Lawyer.

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