MISENHELTER v. People

The Petitioner Paul Misenhelter appeals his sentence of twenty-five years for negligent child abuse, § 18-6-401(1)(a), CRS. (2002). He argues that the trial judge erred by considering Misenhelter's "concurrent" conviction 1 for aggravated incest, § 18-6- 802(1)(a), C.R.S. (2002), during his sentence ing for the child abuse charge. The court of appeals upheld the sentence, holding that consideration of a "concurrent" conviction did not violate the constitutional requirement-described in Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), and its progeny-that facts must…