People v. Mountjoy

Opinion by JUDGE WEBB

¶ 1 This sentencing appeal presents a novel question in Colorado-if a trial court sentences in the aggravated range based on facts not found by a jury, can the sentence be affirmed based on harmless error, if the record shows beyond a reasonable doubt that a reasonable jury would have found those facts, had the jury been requested to do so by special interrogatory?1 Many other courts-both federal and state-have answered it in the affirmative. We now join them.

¶ 2 A jury acquitted Christopher Anthony Mountjoy, Jr., of more serious charges, but convicted him of…