People v. Valenzuela

I. Introduction

Respondent Robert G. Valenzuela was convicted, pursuant to a plea agreement, of conspiracy to distribute a schedule II controlled substance — a class three felony — in violation of section 18-18^105(l)(a), C.R.S. (2008), and first degree kidnapping — a class two felony— in violation of section 18-3-301(l)(a)(3), C.R.S. (2008).1 The trial court applied the extraordinary risk of harm sentence enhancement provision contained in section 18-1.3-401(10)(b), C.R.S. (2008) (“extraordinary risk provision”), to Valenzuela’s sentence for the conspiracy to distribute a schedule II…