Romero v. People

I respectfully dissent from the majority opinion and the majority’s holding that section 18 — 1.3—301(l)(e), C.R.S. (2007), indirectly authorizes a court to increase an offender’s sentence at resentencing if the offender has been afforded a hearing. See maj. op. at 990. To support its conclusion, the majority ignores the more reasonable interpretation of subsection (l)(e) and conflates its mistaken interpretation with subsection (l)(h), which provides for the modification of the sentence pursuant to the statutory procedures for modification of probation. The majority’s interpretation ignores…