Legal Opinion

People v. Childs, Jr.

Supreme Court of Colorado

Decided April 21, 1980No. 28418PublishedCited by 26 opinions

1Opinion of the CourtJustice Erickson

The defendant, Harold Lofton Childs, appeals his conviction under the mandatory sentencing for crimes of violence provisions of section 16-11-309, C.R.S. 1973 (now in 1978 Repl. Vol. 8). He contends that the section is violative of the equal protection clauses of the Colorado and United States Constitutions because it does not include all violent crimes within its scope. In addition, the defendant asserts that section 16-11-309 violates the separation of powers doctrine of the Colorado and United States Constitutions by prohibiting the exercise of judicial discretion in sentencing. We uphold…

2Cases cited8 opinions

  1. Rummel v. EstelleSupreme Court of the United States · 1980
  2. People v. CALVARESTSupreme Court of Colorado · 1975
  3. Fuhrer v. Department of Motor VehiclesSupreme Court of Colorado · 1979
  4. People v. RaySupreme Court of Colorado · 1977
  5. People v. ArellanoSupreme Court of Colorado · 1974

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

3Cited by26 opinions

  1. People v. CzemerynskiSupreme Court of Colorado · 1990
  2. People v. GutierrezSupreme Court of Colorado · 1981
  3. Lujan v. Colorado State Board of EducationSupreme Court of Colorado · 1982
  4. State v. DunlopAlaska Supreme Court · 1986
  5. People v. GarciaSupreme Court of Colorado · 1988

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

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