Legal Opinion
People v. Becker
Colorado Court of Appeals
Decided March 27, 2014No. Court of Appeals No. 12CA0784PublishedCited by 18 opinions
1Opinion of the Court
Opinion by
JUDGE HAWTHORNE
{1 Defendant, Gib Dale Becker, appeals the judgment of conviction entered upon jury verdicts finding him guilty of two counts of *1170child abuse. We reverse and remand for a new trial.
12 As a matter of first impression, we conclude that a prior child abuse conviction, as specified in section 18-6-401(7)(e), C.R.S. 2013, serves as a sentence enhancer-and not as an element-of the child abuse crimes set forth in sections 18-6-401(1)(a)(7)(b)(D-(ID), C.R.S8.2018. '
I. Relevant Facts
T3 The prosecution charged defendant with one count of "CHILD ABUSE-SECOND OR SUBSEQUENT…
2Cases cited16 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Armintrout v. PeopleSupreme Court of Colorado · 1993
- People v. CrossSupreme Court of Colorado · 2006
- People v. MelendezSupreme Court of Colorado · 2004
- CLPF-Parkridge One, L.P. v. Harwell Investments, Inc.Supreme Court of Colorado · 2005
11 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- v. Quezada-CaroColorado Court of Appeals · 2019
- People v. KadellColorado Court of Appeals · 2017
- People v. KoperColorado Court of Appeals · 2018
- People v. JacobsonColorado Court of Appeals · 2017
- People v. JonesColorado Court of Appeals · 2018
13 more not listed; retrieve them via the Exa API.