Legal Opinion

People v. Schreiber

Colorado Court of Appeals

Decided October 15, 2009No. 08CA1721PublishedCited by 16 opinions

1Opinion of the Court

Opinion by

Judge WEBB.

We affirm the judgment of conviction of defendant, Timothy E. Schreiber, entered on a jury verdict finding him guilty, as relevant here, of felony indecent exposure, see section 18-7-802(1), (4), C.R.8.2009.

Because Schreiber's assertions of eviden-tiary error do not warrant publication under CAR. 35(f), we begin with the Attorney General's contention on cross-appeal that the trial court erred by requiring the prosecution to prove Schreiber's prior indecent exposure convictions to the jury beyond a reasonable doubt. This question is unresolved in Colorado. We disapprove of…

2Cases cited19 opinions

  1. Blakely v. WashingtonSupreme Court of the United States · 2004
  2. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  3. Adarand Constructors, Inc. v. SlaterSupreme Court of the United States · 2000
  4. People v. QuintanaSupreme Court of Colorado · 1994
  5. Yusem v. PeopleSupreme Court of Colorado · 2009

14 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. v. PeopleSupreme Court of Colorado · 2020
  2. People v. BeckerColorado Court of Appeals · 2014
  3. People v. WilsonColorado Court of Appeals · 2013
  4. People v. GwinnColorado Court of Appeals · 2018
  5. and 14CA1436. People v. HarrisColorado Court of Appeals · 2016

11 more not listed; retrieve them via the Exa API.

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