People v. Sanchez, No. 25780

Docket NºNo. 25780
Citation520 P.2d 751, 184 Colo. 379
Case DateApril 01, 1974
CourtSupreme Court of Colorado

Page 751

520 P.2d 751
184 Colo. 379
The PEOPLE of the State of Colorado, Plaintiff-Appellee,
v.
Richard Andrew SANCHEZ, Defendant-Appellant.
No. 25780.
Supreme Court of Colorado, In Department.
April 1, 1974.

[184 Colo. 380] John P. Moore, Atty. Gen., John E. Bush, Deputy Atty. Gen., Patricia W. Robb, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Davies & Saint-Veltri, Joseph Saint-Velltri, Denver, for defendant-appellant.

PRINGLE, Chief Justice.

Defendant Sanchez was convicted of sodomy, C.R.S.1963,[184 Colo. 381] 40--2--31, and of being an habitual offender, C.R.S.1963, 39--13--1. He was sentenced to not less than 14 years nor more than 20 years in the state penitentiary. On defendant's motion, the court commenced proceedings under the Colorado Sex Offenders Act of 1968. The court found that defendant constitutes a threat of bodily harm to members of the public, and pursuant to 1969 Perm.Supp., C.R.S.1963, 39--19--3, sentenced defendant to the custody of the Department of Institutions for an indeterminate term having a minimum of one day and a maximum of life. The court ordered the respective sentences to run concurrently.

On appeal, defendant alleges that the court erred (1) by allowing an in-court identification which was tainted by an improper

Page 752

photographic lineup; (2) by refusing to instruct the jury that 'the charge of sodomy is easily made but very difficult to disprove'; (3) by instructing the jury that it was 'not to search for a doubt'; and (4) by sentencing defendant to concurrent terms in violation of the 1968 Sex Offenders Act. We find no merit in defendant's first three contentions. We do find, however, that defendant was improperly sentenced.

I.

Defendant's first contention requires an examination of the totality of the circumstances to determine whether circumstances under which the victim identified a photograph of the defendant were 'so impermissibly suggestive as to give rise to a very substantial likelihood of irreparable misidentification.' Simmons v. United States, 390 U.S. 377, 384, 88 S.Ct. 967, 971, 19 L.Ed.2d 1247, 1253; Neighbors v. People, 171 Colo. 349, 467 P.2d 804.

At the pre-trial suppression hearing, the testimony shows that an inmate of the Larimer County jail committed sodomy on his cellmate. The following day the victim was released from jail. The victim informed the police of the incident several days later. He identified the defendant as his assailant from a photographic spread. The court found that the spread was suggestive because all the pictures had names on them except the one of the defendant and the victim knew at the time of the identification that his assailant was named [184 Colo. 382] Sanchez. He therefore ruled out the photographic identification, but stated that under the circumstances he would permit...

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10 practice notes
  • Wimberly v. Williams, 20-1128
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • September 29, 2021
    ...sentences incorporating both determinate and indeterminate sentencing options. This prohibition is reflected in People v. Sanchez , 184 Colo. 379, 520 P.2d 751 (1974), where the sentencing court had imposed a sentence of both a range of years and an indeterminate term of one day to life. Id......
  • Wimberly v. Williams, 20-1128
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • September 29, 2021
    ...hybrid sentences incorporating both determinate and indeterminate sentencing options. This prohibition is reflected in People v. Sanchez, 520 P.2d 751 (Colo. 1974), where the sentencing court had imposed a sentence of both a range of years and an indeterminate term of one day to life. Id. a......
  • People v. Vidauri, Court of Appeals No. 18CA0032
    • United States
    • Colorado Court of Appeals of Colorado
    • September 5, 2019
    ...And because Vidauri did not ask the court to do so, we cannot say that the court abused its discretion. See , e.g. , People v. Sanchez , 184 Colo. 379, 382, 520 P.2d 751, 752 (1974) ("[W]hether or not to give a cautionary instruction is within the trial court's discretion.").3. Helpfulness ......
  • People v. Fierro, No. 79SA210
    • United States
    • Colorado Supreme Court of Colorado
    • February 19, 1980
    ...prohibits the giving of the traditional "Lord Hale" instruction in prosecutions for sexual assault. See generally People v. Sanchez, 184 Colo. 379, 520 P.2d 751 (1974); Land v. People, 171 Colo. 114, 465 P.2d 124 (1970); Thompson v. People, 156 Colo. 416, 399 P.2d 776 (1965); Slocum v. Peop......
  • Request a trial to view additional results
10 cases
  • Wimberly v. Williams, 20-1128
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • September 29, 2021
    ...sentences incorporating both determinate and indeterminate sentencing options. This prohibition is reflected in People v. Sanchez , 184 Colo. 379, 520 P.2d 751 (1974), where the sentencing court had imposed a sentence of both a range of years and an indeterminate term of one day to life. Id......
  • Wimberly v. Williams, 20-1128
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • September 29, 2021
    ...hybrid sentences incorporating both determinate and indeterminate sentencing options. This prohibition is reflected in People v. Sanchez, 520 P.2d 751 (Colo. 1974), where the sentencing court had imposed a sentence of both a range of years and an indeterminate term of one day to life. Id. a......
  • People v. Vidauri, Court of Appeals No. 18CA0032
    • United States
    • Colorado Court of Appeals of Colorado
    • September 5, 2019
    ...And because Vidauri did not ask the court to do so, we cannot say that the court abused its discretion. See , e.g. , People v. Sanchez , 184 Colo. 379, 382, 520 P.2d 751, 752 (1974) ("[W]hether or not to give a cautionary instruction is within the trial court's discretion.").3. Helpfulness ......
  • People v. Fierro, No. 79SA210
    • United States
    • Colorado Supreme Court of Colorado
    • February 19, 1980
    ...prohibits the giving of the traditional "Lord Hale" instruction in prosecutions for sexual assault. See generally People v. Sanchez, 184 Colo. 379, 520 P.2d 751 (1974); Land v. People, 171 Colo. 114, 465 P.2d 124 (1970); Thompson v. People, 156 Colo. 416, 399 P.2d 776 (1965); Slocum v. Peop......
  • Request a trial to view additional results

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