March 26, 2018
2018 CO 21. No. 16SC276, People v. Sandoval
Plain Error Review, Sentencing.
The Supreme Court held that Blakely v. Washington, 542 U.S. 296 (2004), applies to a direct sentence to community corrections. The Court further held that it was plain error for the trial court to sentence defendant to an aggravated sentence to community corrections without meeting Blakely’s requirements. The Court affirmed the decision of the Court of Appeals and remanded the case for resentencing.