2005 sentencing within the range statutorily authorized upon conviction alone is subject to review only for an abuse of discretion.
05SC193, The People of the State of Colorado.
While the legislative declaration demonstrates a clear intent not to increase the punishment of sex offenders, it nowhere suggests that sentencing courts be relieved of their duty to account for aggravation in the commission of felony sex offenses.98-1156 Before the House Judiciary Committee, 61st Legis.2004 rev d on other grounds, 127.3d 916 (Colo.Unless the sentence chosen by the court exceeds the statutory maximum for the defendant s conviction, and is therefore contingent upon the existence of some additional fact, sentencing is a matter of judicial discretion, which need not be predicated exclusively upon evidence that would.Courts therefore exercise discretion in sentencing only to the extent permitted by statute.Despite indisputably intending to maintain the upper limitations of the general sentencing scheme, the legislature has, with regard to some crimes other than sex offenses, left these limitations to be inferred from registrert sex offenders grays harbor its 14 specific reference to the presumptive sentencing scheme of section 18-1.3-401.Winters, 765.2d 1010, 1013 (Colo.
(2006) ( If the offender is convicted of robbery of an at-risk adult or an at-risk juvenile, the court shall sentence the defendant to the department of corrections for at least the presumptive sentence under 18-1.3-401(1).
The Lifetime Supervision of Sex Offenders Act Section 18-1.31004 - Indeterminate Sentence Permissible Minimum Term of an Indeterminate Sentence Presumptive Range from Section 18-1.3401 (C.R.S) Permissible Testimony at Sentencing - Blakely.Largely in reliance on its prior holding in People.Smith, 863.2d 1172 (Pa.The supreme court held that although the sentencing court was not precluded from considering testimony of other, uncharged sexual assaults, its sentence exceeded statutory limitations.As a result of these strong indications of not only what the legislature intended but, as importantly, what it did not intend, the ambiguous language of section 18-1.3-1004(1 a) must be construed to require an indeterminate sentence for the class two, three, and four felony.The length of time that felons may be supervised on parole, however, has been prescribed by various statutory formulae rather than by an upper limit of an indeterminate sentence set by the courts.In conjunction with the emphatic testimony of the bill s sponsor, these indicators of legislative intent make equally clear, however, that the lower term is implicitly circumscribed by the provisions of the presumptive sentencing statute.
It is undisputed that the defendant s sentences for sexual assault on a child are governed by section 18-1.3-1004 (1 a Except as otherwise provided in this subsection (1) and in subsection (2) of this section, the district court having jurisdiction shall sentence a sex.
03CA1983 Petitioner: ernest.