Colorado Supreme Court Opinions

November 21, 2016

2016 CO 73. No. 16SA231. People v. Cooper.

Criminal Law—Evidence Suppression.


This interlocutory appeal asks whether an officer can reasonably and in good faith rely on a warrant when the warrant affidavit is devoid of specific dates but establishes a long, ongoing pattern of drug trafficking from a home. The Supreme Court held that there was enough evidence in the warrant affidavit of an ongoing drug trafficking operation that an officer could have a reasonable, good faith belief that the warrant was proper. The Court therefore reversed the trial court’s suppression order and remanded the case for proceedings consistent with this opinion.

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2016 CO 74. No. 14SC94. People v. Adams.

Criminal Law—Sentence Enhancements—Extraordinary Aggravating Circumstances—Consecutive Sentencing.


The Supreme Court considered whether two different sentence enhancements—the “general” enhancement, which requires an aggravated term-of- years range, and the “special” enhancement, which requires consecutive sentencing—can be applied simultaneously to a sentence for second degree assault on a correctional  officer. The Supreme Court concluded, based on the plain language of the relevant statutes, that the two enhancement provisions do not conflict and that effect can be given to both. The Court considered People v. Andrews, 871 P.2d 1199 (Colo. 1994), in which it held that the general enhancement does not apply to crimes of escape, but it ultimately distinguished Andrews as limited to crimes of escape only. Accordingly, the Court reversed the portion of the Court of Appeals’ judgment vacating defendant’s aggravated sentence for second degree assault and remanded the case for further proceedings.


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