Introducing ATLASLearn more
Legal Opinion

People v. Gaskins

Colorado Court of Appeals

Decided January 25, 1996No. 94CA0743PublishedCited by 10 opinions

1Opinion of the Court

Opinion by

Chief Judge STERNBERG.

The People appeal the results of a proportionality review of a life sentence given defendant, John Harvey Gaskins, after his adjudication as an habitual criminal. The trial court found the sentence to be disproportionate to defendant’s crimes in violation of the cruel and unusual punishment clauses of the United States and Colorado Constitutions and resenteneed him to eight years in prison. We agree the sentence was disproportionate but remand for resentencing.

I.Procedural background

In 1987, defendant was convicted of felony attempted theft and misdemeanor…

2Cases cited15 opinions

  1. Solem v. HelmSupreme Court of the United States · 1983
  2. Evans v. RomerSupreme Court of Colorado · 1993
  3. People v. DrakeSupreme Court of Colorado · 1990
  4. People v. GaskinsSupreme Court of Colorado · 1992
  5. People v. MershonSupreme Court of Colorado · 1994

10 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. People v. PatnodeColorado Court of Appeals · 2005
  2. People v. ValdezColorado Court of Appeals · 2002
  3. People v. MedinaColorado Court of Appeals · 1996
  4. People v. ReeseColorado Court of Appeals · 2006
  5. United States v. AlvaradoDistrict Court, D. New Mexico · 2006

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

View API DocsGet API Key

Powered by the Exa API