People v. Alvarado

Judge MILLER

specially concurring.

I concur fully in parts I and II of the majority opinion. I also concur in the result reached in part III, but I respectfully disagree with the majority's reasoning and therefore write separately.

In summary, I would not reach defendant's constitutional arguments that his sentences were improperly enhanced pursuant to seetion 18-1.38401(9), C.R.S.2010 (subsection (9)), because of noncompliance with the requirements of Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004); Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d…