December 18, 2018

Colorado Supreme Court: Elements of Convicted Offense are Blakely-Compliant Facts Because Jury Found Them Beyond Reasonable Doubt

The Colorado Supreme Court issued its opinion in Mountjoy v. People on Monday, November 19, 2018.

Aggravated Sentences—Due Process—Jury Trial.

This case required the supreme court to determine whether the trial court’s decision to find discretionary aggravation was compliant with Blakely v. Washington, 542 U.S. 296 (2004). The trial court relied on a jury finding beyond a reasonable doubt as to elements of offenses for which there were convictions to aggravate defendant’s sentences for concurrent convictions. The court held that elements of an offense for which there is a conviction are Blakely-compliant facts because they were found by a jury beyond a reasonable doubt. Therefore, a trial court can rely on such facts to aggravate a sentence for a concurrent conviction. Accordingly, the court of appeals’ judgment was affirmed on other grounds.

Summary provided courtesy of Colorado Lawyer.

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