Legal Opinion · Dissent
People v. Simon
Colorado Court of Appeals
Decided July 9, 2009No. 06CA2229Published
1Dissent
*794Judge CASEBOLT
dissenting.
Because I conclude that Colorado statutes allow, and principles of double jeopardy do not preclude, more than one pattern of abuse enhancement connected to separate charges and separate acts of sexual assault on a child by one in a position of trust, I respectfully dissent.
In People v. Simon, 100 P.3d 487 (Colo.App.2004), a division of this court affirmed the trial court's judgment of conviction for ten counts of sexual assault on a child by one in a position of trust as part of a pattern of abuse. However, the trial court had imposed consecutive sentences on these…
2Cases cited19 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- North Carolina v. PearceSupreme Court of the United States · 1969
- People v. District Court, Second Judicial DistrictSupreme Court of Colorado · 1986
- People v. ZapotockySupreme Court of Colorado · 1994
- Michael E. Valentine v. Khelleh Konteh, WardenCourt of Appeals for the Sixth Circuit · 2005
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