to the Colorado Court of Appeals Court of Appeals Case No.
Attorneys for Petitioner: Cynthia H. Coffman, Attorney
General William G. Kozeliski, Assistant Attorney General
Attorneys for Respondent: Douglas K. Wilson, Public Defender
Cory D. Riddle, Deputy Public Defender Denver, Colorado
A jury found respondent, Curtis Adams, guilty of assaulting a
correctional officer. The presumptive sentencing range for
that offense is two to six years, but because Adams committed
the assault while serving a sentence for a prior felony
conviction, the trial court imposed an aggravated
sentence-twelve years in the Department of Corrections to be
served consecutively to Adams's remaining sentences.
This case arises at the intersection of two sources of
sentence enhancement. One requires an aggravated
term-of-years range; the other requires consecutive
sentencing. The court of appeals concluded Adams was not
subject to the term-of-years enhancement applied by the trial
court. The People now urge us to reverse the court of
appeals; they contend the trial court was required to apply
Based on the plain language of the statutes, we conclude both
enhancements apply. Because the two provisions do not
conflict, we give effect to both. Therefore, we reverse the
portion of the judgment of the court of appeals vacating the
Facts and Procedural History
While serving a sentence in Colorado State Penitentiary for a
prior felony conviction, Adams kicked and head-butted a
correctional officer. As a result of that altercation, the
People charged Adams with second degree assault.
The statute defining that offense provides in relevant part:
(1) A person commits the crime of assault in the second
degree if: . . .
(f) . . . while lawfully confined or in custody as a result
of being charged with or convicted of a crime . . . he or she
knowingly and violently applies physical force against a
person engaged in the performance of his or her duties while
employed by or under contract with a detention facility . . .
and the person committing the offense knows or reasonably
should know that the victim is . . . a person engaged in the
performance of his or her duties while employed by or under
contract with a detention facility . . . .
§ 18-3-203(1)(f), C.R.S. (2016). Paragraph (f) further
provides that a sentence imposed for this form of second
degree assault "shall be served in the department of
corrections and shall run consecutively with any sentences
being served by the offender." Id. As a class
four felony, the presumptive sentencing range for second
degree assault is two to ...