Woldt v. People, No. 97SA193

Citation64 P.3d 256
Decision Date24 February 2003
Docket Number No. 97SA193, No. 97SA392.
PartiesGeorge William WOLDT, Defendant-Appellant, v. The PEOPLE of the State of Colorado, Plaintiff-Appellee. Francisco Martinez, Jr., Defendant-Appellant. v. The People of the State of Colorado, Plaintiff-Appellee.
CourtSupreme Court of Colorado

David S. Kaplan, Colorado State Public Defender, Andrew C. Heher, Deputy State Public Defender, Katherine Brien, Deputy State Public Defender, Denver, Colorado, Attorneys for Defendant-Appellant George William Woldt.

Ken Salazar, Attorney General, Paul Koehler, Assistant Attorney General, Appellate Division, Criminal Justice Section, Denver, Colorado, Attorneys for Plaintiff-Appellee.

Burke & Neuwirth, P.C., Dean Neuwirth, Denver, Colorado, Jean E. Dubofsky, P.C., Jean E. Dubofsky, Boulder, Colorado, Benezra & Culver, LLC, Seth Benezra, Lakewood, Colorado, Attorneys for Defendant-Appellant Francisco Martinez.

Ken Salazar, Attorney General, Mary A. Malatesta, First Assistant Attorney General, Criminal Justice Section, Capital Crimes Unit, Paul Koehler, Assistant Attorney General, Appellate Division, Criminal Justice Section, Denver, Colorado, Attorneys for Plaintiff-Appellee.

David S. Kaplan, State Public Defender, Kathleen A. Lord, Chief Appellate Deputy, Andrew C. Heher, Deputy State Public Defender, Denver, Colorado, Attorneys for Amicus Curiae the Colorado State Public Defender.

Ann Aber, Denver, Colorado, Michael J. Heher, Captain Cook, HI, Attorneys for Amicus Curiae the Colorado Criminal Defense Bar.

Justice HOBBS delivered the Opinion of the Court.

George W. Woldt and Francisco Martinez, Jr. separately appeal judgments of two three-judge panels sentencing them to death. For purposes of this opinion, we have combined these appeals. Woldt and Martinez allege that Colorado's three-judge death penalty sentencing statute, under which they were sentenced to death, is unconstitutional on its face under Ring v. Arizona, 536 U.S. 584, 122 S.Ct. 2428, 153 L.Ed.2d 556 (2002).

The General Assembly adopted the three-judge panel sentencing system by statutory amendment in 1995, relying on a prior decision of the United States Supreme Court, Walton v. Arizona, 497 U.S. 639, 110 S.Ct. 3047, 111 L.Ed.2d 511 (1990), which allowed a judge to sentence a defendant to death in a capital case. We have upheld death sentences under the prior statute, which assigned both the guilt and penalty phases to the jury. See People v. Dunlap, 975 P.2d 723, 765 (Colo.1999)

; People v. Harlan, 8 P.3d 448, 483 (Colo.2000). The defendants in those cases committed their crimes prior to the effective date of the 1995 amendment.

By means of its 1995 legislation, the Colorado General Assembly amended Colorado's death penalty statute to substitute a three-judge panel in place of the jury for the penalty phase of the trial in a capital case; the General Assembly left the guilt phase of the trial with the jury. See Ch. 244, sec. 1, § 16-11-103, 1995 Colo. Sess. Laws 1290-93. What the sponsors and proponents did not anticipate in 1995 was that they were relying on an opinion of the U.S. Supreme Court which would be overturned some twelve years after issuance.

In Ring, the U.S. Supreme Court reversed Walton "to the extent that it allows a sentencing judge, sitting without a jury, to find an aggravating circumstance necessary for imposition of the death penalty," and held that the Arizona judge-based capital sentencing scheme was unconstitutional. Ring, 122 S.Ct. at 2443.

In its Ring opinion, the U.S. Supreme Court singled out Colorado as one of four states with a death penalty statute of the same type as the Arizona statute that it was holding to be unconstitutional: "[o]ther than Arizona, only four States commit both capital sentencing factfinding and the ultimate sentencing decision entirely to judges." Id. at 2442 n. 6. Justice O'Connor explained in her dissent that "[t]he Court effectively declares five States' capital sentencing schemes unconstitutional . . . (identifying Colorado, Idaho, Montana, and Nebraska as having sentencing schemes like Arizona's)." Id. at 2449 (O'Connor, J., dissenting).

In a special session of the Colorado General Assembly, called by the Governor in 2002 following issuance of Ring, the General Assembly essentially readopted the provisions of the statute we applied in Dunlap and Harlan, again making the jury responsible for both the guilt and penalty phases of the trial in a capital case. See Ch. 1, sec. 1, § 16-11-103, 2002 Colo. Sess. Laws, Third Extraordinary Session 1-15.

We declare Colorado's three-judge capital sentencing statute, under which Woldt and Martinez received the death penalty, to be unconstitutional on its face under Ring. The three-judge capital sentencing statute required the judges to make factual findings as a prerequisite to imposition of the death penalty, in violation of defendants' Sixth Amendment right to have a jury make such findings.

We also conclude that Woldt and Martinez are entitled to be re-sentenced to life imprisonment without the possibility of parole. See § 18-1-105(4)(defining life imprisonment) & (5)(mandatory life imprisonment if the death penalty in this section is declared unconstitutional), 6 C.R.S. (2002) (recodified at section 18-1.3-401(4) & (5)). Section 18-1-105(5), 6 C.R.S. (2002), which was in effect during the existence of the three-judge panel sentencing provision and continues to be in effect today at section 18-1.3-401(5), 6 C.R.S. (2002),1 states:

In the event the death penalty as provided for in this section is held to be unconstitutional by the Colorado supreme court or the United States supreme court, a person convicted of a crime punishable by death under the laws of this state shall be punished by life imprisonment. In such circumstance, the court which previously sentenced a person to death shall cause such person to be brought before the court, and the court shall sentence such person to life imprisonment.

(emphasis added).

Although section 18-1.4-102(8) & (9), 6 C.R.S. (2002) — which the General Assembly enacted during the 2002 Third Extraordinary Session — provides us with discretion to affirm the death sentences in these cases or return these cases for a new capital sentencing proceeding, this time before a jury, we cannot lawfully exercise such discretion. To do so, we would have to (1) ignore the mandatory provision of section 18-1.3-401(5), 6 C.R.S. (2002), directing re-sentencing to life imprisonment without parole, in the event the death penalty statute is held unconstitutional; (2) make findings that judges cannot make under Ring; and (3) disregard principles of the ex post facto clauses of the United States and Colorado constitutions.

Accordingly, we hold that the three-judge panel capital sentencing statute, under which Woldt and Martinez were sentenced to death, is unconstitutional on its face under Ring. We further hold that Woldt and Martinez are entitled, under Colorado law, to re-sentencing by the trial court to life imprisonment without the possibility of parole.

We now proceed with our analysis.

I. Facts and Procedural History
A. George William Woldt

A jury convicted George Woldt of first-degree murder after deliberation,2 felony murder,3 and several other offenses4 for the kidnapping, rape, and murder of Jacine Gielinski.5

Following the jury verdict, a three-judge panel convened to determine whether Woldt should be sentenced to death or to life imprisonment without parole. The panel conducted a lengthy and thorough hearing, which included thirteen court days of testimony from nearly fifty fact, expert, and family witnesses.

Based on the evidence adduced at the hearing, the three-judge panel issued a sixty-two page sentencing order, setting forth its findings of fact and conclusions of law. Throughout the order, the panel emphasized that it engaged in independent fact-finding, and repeatedly stressed that it did not rely on the jury's factual determinations.

The panel engaged in the four-step process set forth in section 16-11-103, 6 C.R.S. (2000).6 In the first step, the panel found that the prosecution proved five aggravating factors beyond a reasonable doubt, while failing to prove two others.7 Woldt's panel found that Woldt "was actively, directly and personally involved in Ms. Gielinski's death," but the panel did not determine whether Woldt caused the fatal injuries to his victim.

Proceeding to the second step, the panel considered the mitigation evidence offered by the defendant, which included statutory and non-statutory mitigating factors. While Woldt presented a wide variety of mitigation evidence,8 the sentencing order focuses on Woldt's claims that he was mentally ill at the time of the offense, specifically on his claims that he suffered from a brain lesion, obsessive/compulsive disorder, post-traumatic stress disorder, and dependent personality disorder.9 The panel did not apply a particular burden of proof at this stage. Rather it simply noted that the mitigating factors exist and postponed consideration of the weight and significance of each mitigating factor until step three.

Progressing to step three, the panel weighed the five proven aggravating factors against the mitigation evidence, making a "qualitative determination" of the weight and importance of each mitigating factor. In making these determinations, the panel noted that Woldt's mitigation evidence, including the mental illness evidence, was "nonpersuasive in nature." The panel concluded unanimously, beyond a reasonable doubt, that the mitigating factors did not weigh more heavily in the balance than the proven statutory aggravating factors.

Finally, the panel proceeded to step four, the determination of the appropriate sentence. At this phase, the panel considered all of the evidence in the case. In contrast to the Martinez hearing, the panel conducted a "proportionality review" in which it compared Woldt's case to the cases of...

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    ...855 So.2d 33, 53 & n. 18 (Fla.2003) (Anstead, C.J., dissenting); State v. Whitfield, 107 S.W.3d 253, 256–59 (Mo.2003) ; Woldt v. People, 64 P.3d 256, 264–67 (Colo.2003).56 In arguing Claim 27, Basham suggests that in many respects, the court accepted Wilson's testimony. Pet. at 127 ("The co......
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    ...in large part, their reasons for doing so are not clear. The Colorado Supreme Court has done so without any explanation. Woldt v. People, 64 P.3d 256, 265–66 (Colo.2003). Similarly, the Missouri Supreme Court has characterized the weighing determination as fact-finding with little explanati......
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    ...that a balancing of aggravating factors and mitigating factors can go to a defendant's eligibility for the death penalty. In Woldt v. People, 64 P.3d 256 (Colo.2003), following Ring, the Colorado Supreme Court concluded that the Colorado death penalty statute, like the Arizona statute, impr......
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1 books & journal articles
  • Criminal Sentencing in Colorado After Blakely v. Washington
    • United States
    • Colorado Bar Association Colorado Lawyer No. 34-1, January 2005
    • Invalid date
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