Legal Opinion

People v. Dorsey

Colorado Court of Appeals

Decided October 21, 2021No. 18CA2333Unknown

1Opinion of the Court

SUMMARY

October 21, 2021

2021COA126

No. 18CA2333, People v. Dorsey — Crimes — Failure to Register

as a Sex Offender — Prior Convictions

As a matter of first impression, a division of the court of

appeals considers whether the Colorado General Assembly intended

to make prior convictions for failure to register as sex offender

under section 18-3-412.5, C.R.S. 2020, an element of the offense

for a subsequent violation or a sentence enhancer. Following the

analytical framework in Linnebur v. People, 2020 CO 79M, and

People v. Caswell, 2021 COA 111, the division holds that because a

prior conviction for…

2Cases cited22 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. People v. MillerSupreme Court of Colorado · 2005
  3. United States v. O’BrienSupreme Court of the United States · 2010
  4. Tevlin v. PeopleSupreme Court of Colorado · 1986
  5. People v. HicksIllinois Supreme Court · 1987

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