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October 21, 2004

More Blakely news from Colorado

As detailed here and here, Colorado has been struggling with Blakely, and the Colorado Supreme Court already has plans to examine whether Colorado's sentencing scheme can survive Blakely in the case of Lopez v. Colorado, No. 04SC150. Adding to the story today is a decision by the Colorado Court of Appeals in Colorado v. Moon, 03CA1107 (Colo. App. Oct. 21, 2004).

Moon includes a thoughtful exploration of similarities and differences between the Washington sentence scheme at issue in Blakely and Colorado's sentencing structures. And the analysis culminates with the conclusion that Blakely impacts at least portions of Colorado's sentencing system:

[W]e conclude that the statutory maximum for purposes of applying Apprendi and Blakely is the maximum in the presumptive range. We further conclude that a sentence in the aggravated range under § 181.3401(6) violates the Sixth Amendment right to trial by jury, unless the facts found by the trial court to support the sentence, including the ultimate finding that these facts are extraordinary: (1) are reflected in the jury’s verdict; (2) were admitted by the defendant for purposes of sentencing; or (3) involve prior criminality, to the extent permitted by Apprendi.

October 21, 2004 at 01:12 PM | Permalink

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Comments

I am a 67 year old student residing in Longmont Co; however the past 4 years I resided in Knoxvill TN. I am a retired New Orleans Police Lt.. I was offer the the chance to attent Unversity of Tennessee and earn a Masters in Criminal Justice. I have only one more project to do in order to optain my degree. I must examine differencen in sentencing by race if any differences exists in Boulder Co. I must conduct a review of the relevant literature which includes an analysis of past reseaarch. As a final part of the report I must develop a methodology capable of detecting and snalyzing differences in Boulder County. My proplem is getting information from the courts. NEEDED INFORMATION: Statistics 1- sentencing by race and ethnicity. 2- Gender and Age. 3 If sentenced person had any prior. 4-Was the sentenced a result of a Jury or Judge trial or Plea. Type of Councel sentenced person had PD, judge appointed or private attorney. The professor knowing that I am now a Colorado resident allowed me to use my home county of Boulder. The others in the class had to use their home county in Tennessee. My movement is limited due to physically problems. But whateve it takes to get these statistics I must do.
Could you please tell me where they are located. I went to the court house in Boulder but was told they did not have such records. Although it would be tough to get to Denver, it is imperative that I have this information for this project. Could you tell me where I could get this information, and if possible the person I can speak with to get the information. What I fear is that if I go to Denver, I won't be able to find the information.

Thanks
Kenneth Knapp
4502 Calabria place
longmont CO 80503. 303-651-9434

On Friday and Tuesday I stay with my 2 year old grandson at
303-444-2698.

Posted by: [email protected] | Oct 28, 2004 5:48:49 PM

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