People v. Banks

We granted certiorari in this case to determine whether the crime of second degree assault on a peace officer, section 18-8-203(1)(c), 6 C.R.S. (1999), which directs that sentencing shall occur under section 16-11-309, 6 C.R.S. (1999), see § 18-3-203(2)(c), 6 C.R.S. (1999), invokes extraordinary risk sentencing under section 18-1-105(9.7)(b)(XII), 6 C.R.S. (1999) as a "crime of violence as defined in section 16-11-309.1 The definition of a "crime of violence" in regard to second degree assault is contained in section 16-11-809(2)(a)(D(A), (B), and (ID(C). Under these provisions, a crime of…