People v. Johnson

Justice RICE delivered the Opinion of the Court.

We granted certiorari to review the court of appeals’ conclusion in People v. Johnson, 121 P.3d 285 (Colo.App.2005), that the rule of Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), applies to eases that were pending on direct review at the time the Supreme Court decided Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). We reverse the court of appeals and hold that Blakely applies only to those cases that were pending on direct review at the time Blakely was decided.

Applying the United…