Legal Opinion

People v. Davis

Colorado Court of Appeals

Decided April 6, 2017No. Court of Appeals 14CA0842PublishedCited by 2 opinions

1Opinion of the Court

Opinion by JUDGE J. JONES

¶ 1 Defendant, Kelly Gene Davis, appeals the judgment of conviction entered on a jury verdict finding him guilty of conspiracy to distribute a schedule II controlled substance and court verdicts finding him guilty on several habitual criminal charges. His primary contention on appeal is that the People were required to prove, and the jury was required to find, that he committed a particular overt act in furtherance of the alleged conspiracy. We hold, however, that where the People properly charge a single conspiracy, they are required to prove only that the defendant…

2Cases cited48 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Blakely v. WashingtonSupreme Court of the United States · 2004
  3. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  4. Whalen v. United StatesSupreme Court of the United States · 1980
  5. Schad v. ArizonaSupreme Court of the United States · 1991

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3Cited by2 opinions

  1. People v. DavisColorado Court of Appeals · 2017
  2. People v. Robles-SierraColorado Court of Appeals · 2018

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