Issue: Whether Mr. Schrieber had a right to have the prior convicitions for indecent exporsure tried to a jury instead of a court?
Secondary Issue: What is the burden of proof on the prior indecent exposure convictions?
Holdings: The Court of Appeals held, with little reasoning, that the felony indencent expoure statute was a recidivist statute, and thus, a person does not have a right to have the prior convictions for indecent exposure tried to a jury. The Court of Appeals cited Apprendi and Blakely to justify its holding, and took but a sentence to disregard Justice's Thomas statement that a majority of THE COURT now find that a person does have a right to a jury trial in recidivist situations. Although, I think Justice Thomas's proclamation may not be as true with the current court.
Further, the Court of Appeals pointed out the statute is silent on the burden of proof. Nevertheless, with conclusory statements, the Court of Appeals held that the prior indecent exposure convitions do not need to be proven beyond a reasonable doubt. The Court of Appeals found the preponderance standard was sufficient despite that this charge elevated a simple misdemeanor to a felony, and thus, the prosecution can do so based simply on a preponderance of evidence. Here's to hoping the Colorado Supreme Court, heck while I am dreaming, the U.S. Surpeme Court uses this opportunity to state the priors must be proven beyond a reasonable doubt to a JURY. Oh, and I want to win the lottery, have world peace, and to save all species everywhere from any harm.
People v. Wood Make My Day - Immunity v. Defense / Reviewable issue
The decease and his girlfriend offered to sell meth to Mr. Wood. Mr. Wood invited the couple back to his home. At the home, Mr. Wood shot the deceased. The first issue was whether the trial court erred in not granting immunity from prosecution to Mr. Wood under the Make My Day statute (Make My Day provides both a defense and immunity from prosecution). The CofA held it did not have any authority to address the issue, and likened it to the reviewing a preliminary hearing finding of probable cause or summary judgement - one the verdict is in, the issue is moot.
Further, the trial court ruled that Mr. Wood could not get into the prior prostitution convictions of the deceased's girlfriend because those conviction were neither probative of truthfulness nor felony convictions. However, the trial court ruled there might be other basis to admit the convictions, but held off ruling on the admissibility until trial. From reading the opinion, it does not appear the defense ever addressed the issue again.
People v. Aguilar-Ramos 35(c) Appeal
The trial court summarily dismissed Mr. Aguilar-Ramos' 35(c) without making any factual findings. The CofA held that was error, but ruled on the issues in Mr. Aguilar-Ramos' 35(c) because the issues were legal in nature. A jury convicted Mr. Aguilar-Ramos of F2 kidnapping (where the complaining witness claims to be a victim of sexual assault), but aquitted him of sexual assault. The CofA held this verdict does not violate double jeopardy. The Court reasoned that the F2 Kidnapping not only punishes the perpetrator of the sexual assault, but also anyone who is convicted of kidnapping where the complaining witness was a victim of sexual assault. The CofA also held there was no Apprendi/Blakely error because the trial court sentenced Mr. Aguilar-Ramos in the presumptive range.
People v. Buckner Conflict Free Counsel / Right to Self-Representation / Cell phone numbers and hearsay / Preservation of Evidence - currency / Cumlative Error / Proportionality / Sufficiency of the Evidence