April 19, 2012

Colorado Court of Appeals 4-12-12 People v. Davis

People v. Davis            COCCA / Statute of Limitations           
Facts: Prosecutors in Denver conjured up racketeering garbage against supposed gang members in the Denver area, one being Mr. Davis. At the time of these charges, Colorado already incarcerated Mr. Davis on a lengthy prison sentence for aggravated robbery and 1˚ assault. Nevertheless, based upon a second degree assault while he was in prison, the prosecution charged various COCCA counts against him –  some within the 10 year time limit, other outside, and others outside the statute of limitations of 3 years.
Issue: Whether an offense may form the basis of COCCA racketeering charge when the statute of limitations for that offense expired?
Held: Yes.
Reasoning: The statute reads:
“Pattern of racketeering activity” is defined as “engaging in at least two acts of racketeering activity which are related to the conduct of the enterprise ... and if the last of such acts occurred within ten years (excluding any period of imprisonment) after a prior act of racketeering activity.” § 18–17–103(3), C.R.S.2011. 
Giving entirely too much power to the prosecution, the Court of Appeals, following federal law under RICO, held that if one predicate crime fell within the statute of imitations, no time limit applied to any other predicate offenses. (Panel: Judge Miller wrote the decision with Judges Roman and Richman concurring)
>Link to People v. Davis here<

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