Lakewood, CO
Criminal defense Lawyer at Lakewood, CO
Practice Areas: Criminal Defense, Juvenile, Appeals
OUTCOME: Adjudication and Sentence for theft from an at-risk person reversed.
The division extends the “dual mental state” requirement discussed in Childress from strict liability offenses to also reach the strict liability sentence enhancer of theft committed in the presence ... of an at-risk adult.
OUTCOME: Conviction Affirmed
UMDDA rights are not personal and may be waived by counsel.
OUTCOME: Adjudication Vacated
Juvenile court has an expanded duty of careful inquiry into a juvenile’s understanding of his or her right to counsel before the court can find that a waiver is voluntary, knowing, and intelligent.
OUTCOME: Charges Dismissed.
Colorado's public indecency statute, section 18-7-301(1)(d), is not unconstitutionally overbroad or vague.
OUTCOME: District Court decision reversed.
Where a petition for rehearing is timely filed in the district court, the district court judgment does not become final for purposes of the forty-two-day period to file a petition for writ of certiorar ... i under C.A.R. 52(a) until the district court denies the petition for rehearing.
OUTCOME: Court of Appeals decision affirmed.
The categorical ban on sentences of life without parole for juveniles who were not convicted of homicide does not apply to an aggregate term-of-years sentence.
OUTCOME: District Court review of magistrate's order reversed.
In juvenile delinquency case, magistrate has jurisdiction to consider a motion to withdraw a previously entered guilty plea based on ineffective assistance of counsel.
OUTCOME: Illegal sentence vacated.
Juvenile's sentence to an indeterminate one-to-two-year term of commitment in the custody of the Division of Youth Corrections was illegal. Nothing in the juvenile sentencing statutes authorizes an ind ... eterminate sentence to commitment. Moreover, juvenile doesn't qualify as a mandatory sentence offender or repeat juvenile offender when the multiple adjudications required by those provisions occurred in the same hearing.
OUTCOME: Court of Appeals reversed.
(at-risk victim statute, imposing greater penalties when a theft happens in presence of an at-risk victim, is a sentence enhancer rather than an element of offense).
OUTCOME: Adjudication Vacated.
(magistrate who accepted juvenile's guilty plea in juvenile delinquency proceeding retained jurisdiction to hear juvenile's motion to withdraw plea based on ineffective assistance of plea counsel.)