January 13, 2014
Anthony James Chavez, Petitioner
The People of the State of Colorado. Respondent
Court of Appeals Case No. 10CA1530
Petition for Writ of Certiorari GRANTED.
Summary of the Issues:
Whether, under circumstances in which petitioner was statutorily-eligible for probation for an indeterminate life term under specific provisions of the Colorado Sex Offender lifetime Supervision Act of 1998, the court of appeals misconstrued that Act, and the General Assembly's simultaneous amendments to section 18-1.3-406, to hold that conviction of sexual assault on a child by one in a position of trust as part of a pattern required the district court to sentence petitioner to the Department of Corrections (DOC) for an indeterminate life when the crime does not meet the definition of crime of violence, as defined by section 18-1.3-406.
Whether the court of appeals erroneously concluded the sentencing court did not abuse its discretion when imposing an indeterminate fifteen-year-to-life prison sentence under circumstances in which the state did not charge and/or prove crime of violence, as defined in section 18-1.3-406, and the district court mistakenly believed that petitioner was convicted of a crime of violence requiring a mandatory indeterminate prison term of at least eight years to life.
DENIED AS TO ALL OTHER ISSUES.