People v. Day

Pursuant to C.A.R. 21, we issued our rule to show cause in this case to determine whether the trial court erred as a matter of law in sentencing defendant, C.J. Day, by applying the sentence enhancing provision pertaining to sexual assault on a child as a part of a pattern of sexual abuse, section 18-3-405(2)(d), C.R.S. (2008).

The jury acquitted Day of sexual assault on a child, § 18-3-405(1), and sexual assault on a child by one in a position of trust, § 18-3-405.3(1), (2)(a), C.R.S. (2008), electing instead to convict Day of attempts in both instances. The issue in this original proceeding…