July 16, 2018

Colorado Court of Appeals: Remand Granted for Extended Proportionality Review

The Colorado Court of Appeals issued its opinion in People v. Oldright on Thursday, June 29, 2017.

First Degree AssaultAbbreviated Proportionality ReviewHabitual CriminalPrior ConvictionsExtended Proportionality Review.

A jury convicted Oldright of first degree assault based on evidence that he hit the victim in the head with a metal rod. Following trial, the court conducted an abbreviated proportionality review, adjudicated Oldright a habitual criminal, and sentenced him to 64 years in prison. Oldright’s prior offenses included aggravated driving after revocation prohibited, forgery, fraud by check, theft by receiving, and theft.

On appeal, Oldright contended that the court erred in finding that the triggering offense was grave or serious. Oldright’s triggering offense, first degree assault, is a grave and serious offense because the legislature deems it a crime of violence and an extraordinary risk crime, Oldright used a deadly weapon to commit the crime, and the victim suffered serious bodily injury.

Oldright also argued that the court erred in concluding that all of his prior convictions were serious simply because they were felonies. Although first degree assault is a grave and serious offense, not all of Oldright’s prior offenses were serious because the General Assembly had reclassified three his prior felony convictions as misdemeanors (making them an ineligible basis for habitual sentencing), and one of the prior felonies from a class 4 felony to a class 5 felony. Because the court failed to consider these legislative changes in determining whether Oldright’s sentence was disproportionate, the sentence was vacated and the case was remanded for an extended proportionality review of Oldright’s habitual criminal sentence.

Summary provided courtesy of The Colorado Lawyer.

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