Dorsey v. State, 21SC856

Citation21SC856
Case DateJune 13, 2022
CourtSupreme Court of Colorado

Charles K. Dorsey, Petitioner
v.

The People of the State of Colorado.
Respondent

No. 21SC856

Supreme Court of Colorado, En Banc

June 13, 2022


Court of Appeals Case No. 18CA2333

Petition for Writ of Certiorari GRANTED.

Whether the division erred in concluding that the recidivist provision in subsection 18-3-412.5(2)(a), C.R.S. (2021) (failure to register as a sex offender-second or subsequent offense) is a sentence enhancer, not an element of the criminal offense.

Whether, even assuming the recidivist provision in subsection 18-3-412.5(2)(a), C.R.S. (2021), is a sentence enhancer, allowing a judge to elevate the class or level of offense based on recidivism violates a defendant's Sixth Amendment right to a jury trial.

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