*Disclaimer: IANALTG, but I've been rooting around a little bit online trying to figure out the answer to that question. Here's what I found:
2016 Colorado Revised Statutes :: Title 18 - :: Criminal Code :: Article 1.3 - :: Sentencing in Criminal Cases :: Part 4 - :: Sentences to Imprisonment :: § 18-1.3-401. Felonies classified - presumptive penalties
SABBM:
(8) (a) The presence of any one or more of the following extraordinary aggravating circumstances shall require the court, if it sentences the defendant to incarceration, to sentence the defendant to a term of at least the midpoint in the presumptive range but not more than twice the maximum term authorized in the presumptive range for the punishment of a felony:
(I) The defendant is convicted of a crime of violence under section 18-1.3-406;
(II) The defendant was on parole for another felony at the time of commission of the felony;
(III) The defendant was on probation or was on bond while awaiting sentencing following revocation of probation for another felony at the time of the commission of the felony;
(IV) The defendant was under confinement, in prison, or in any correctional institution as a convicted felon, or an escapee from any correctional institution for another felony at the time of the commission of a felony;
(V) At the time of the commission of the felony, the defendant was on appeal bond following his or her conviction for a previous felony;
(VI) At the time of the commission of a felony, the defendant was on probation for or on bond while awaiting sentencing following revocation of probation for a delinquent act that would have constituted a felony if committed by an adult.
(b) In any case in which one or more of the extraordinary aggravating circumstances provided for in paragraph (a) of this subsection (8) exist, the provisions of subsection (7) of this section shall not apply.
(c) Nothing in this subsection (8) shall preclude the court from considering aggravating circumstances other than those stated in paragraph (a) of this subsection (8) as the basis for sentencing the defendant to a term greater than the presumptive range for the felony.
It looks like having a prior record might be considered an aggravating factor, as would committing the felony while on parole or probation, none of which would apply to the side piece.
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If, and this is a BIG if, but IF I'm reading the bolded section correctly, even though the prior subsections under 8 identify specific aggravating circumstances which require the court to impose sentences which begin at least at the midpoint of the sentencing range, it looks like the court still has discretion to find "other aggravating circumstances" that weren't specifically identified, i.e, they don't "preclude" the court from finding other factors aggravators.
If that's the case, the law might give Judge Sells the judicial discretion to find that illegally entering a murdered mother's home and scrubbing her lifeblood from walls, floors, ceilings, etc., before heading over to stand watching impassively as her body is burned in a gasoline-soaked trough, actually does merit a little extra time in the Big House.
@gitana1, we could sure use your expertise here…is my interpretation of the language here correct?
Frankly, I'll be beyond thrilled if the side piece gets sentenced to 3 years.
Right now, the only thing I'm fairly confident of is that she'll get handed down the max sentence allowed absent aggravating factors, which is 18 months.
I'm going to be headed for a lengthy TO if Judge Sells imposes any sentence <18 months.
I'm sure I'll have plenty of good company, though.
JMO.
