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Colorado Supreme Court Opinions
September 23, 2013

2013 CO 58. No. 11SC55. Marquez v. People.
Concurrent and Consecutive Sentencing—CRS §§ 18-1.3-406 and 18-1-408(2).

Defendant sought review of the court of appeals’ judgment affirming the district court’s imposition of consecutive forty-eight-year sentences for two crime-of-violence convictions. After finding that both crimes of violence arose out of the same incident, the district court concluded that it was statutorily required to order defendant’s two crime-of-violence sentences to be served consecutively. The court of appeals affirmed. 

The Supreme Court reversed the court of appeals’ judgment and remanded the case with directions to return the matter to the district court for resentencing. The Court held that the phrase “arising out of the same incident,” as it appears in CRS § 18-1.3-406, is a reference to, and has the same meaning as, the phrase “arising from the same criminal episode” in CRS § 18-1-408(2). Further, record established that the crimes of violence of which defendant was convicted were not “based on the same act or series of acts arising from the same criminal episode.”

Colorado Supreme Court Opinions