People v. Montour
Apr 23, 2007OUTCOME: Death sentence reversed, case remanded
Prior to entering his guilty plea, defendant repeatedly stated that he understood that by pleading guilty he was waiving his right to have a jury determine his sentence under 18-1.3-1201(1)(a). The cou ... rt held that because under Colorado law defendant was not eligible for the death penalty until all aggravating factors were weighed against all mitigating factors, the presence of one Blakely-exempt aggravating factor standing alone did not make defendant eligible for the death penalty. The court also held that § 18-1.3-1201(1)(a) violated the Sixth Amendment because it mandated that the court sentence defendant who had pled guilty to a class 1 felony. Under the terms of the statute, the court did not need to procure an additional knowing, voluntary, and intelligent waiver of this Sixth Amendment right as was constitutionally required, but instead had to inform the defendant that by pleading guilty he automatically waived his right to a jury trial on sentencing facts. The court found that defendant's waiver could not have been knowing, voluntary, and intelligent because it was infected by the same constitutional infirmity as the statute--it was inextricably linked to his plea.
