Legal Opinion

People v. Simon

Supreme Court of Colorado

Decided December 19, 2011No. Nos. 09SC665, 09SC1043PublishedCited by 66 opinions

1Opinion of the CourtJustice Marquez

In this opinion, we review decisions in two court of appeals cases, People v. Simon, 219 P.3d 789 (Colo.App.2009), and People v. Tillery, 231 P.3d 36 (Colo.App.2009).

Colorado's sexual assault statutes authorize the possibility of greater punishments for sexual crimes against children that are committed "as a part of a pattern of sexual abuse." Relevant here, section 18-8-405.3 makes a single incident of sexual assault on a child by one in a position of trust a class 4 felony where the victim is at least fifteen years old but less than eighteen years old; however, the offense is elevated to a…

2Cases cited27 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. United States v. BookerSupreme Court of the United States · 2004
  3. Blakely v. WashingtonSupreme Court of the United States · 2004
  4. North Carolina v. PearceSupreme Court of the United States · 1969
  5. Missouri v. HunterSupreme Court of the United States · 1983

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3Cited by66 opinions

  1. Abarca v. People No. 13SC750, Hill v. People No. 14SC3, Medrano-Bustamante v. People No. 14SC7, People v. SmootsSupreme Court of Colorado · 2017
  2. People v. SmootsColorado Court of Appeals · 2013
  3. People v. ArzabalaColorado Court of Appeals · 2012
  4. People v. HouserColorado Court of Appeals · 2013
  5. People v. GarciaColorado Court of Appeals · 2012

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