Colorado Supreme Court Opinions

February 24, 2020

2020 CO 15 No. 18SC326, Howard v. People

In this case, the Supreme Court considered whether the differences in sentencing guidance in the direct file statute, CRS § 19-2-517, and the transfer statute, CRS § 19-2-518, implicate a juvenile’s right to equal protection. Specifically, the Court considered whether a juvenile who is subject to the direct file statute and convicted of a crime of violence is eligible for probation whereas a juvenile who is subject to the transfer statute and convicted of the same crime of violence would not be eligible for probation. The Court held that under these facts, there is no equal protection violation because the district court did not apply the mandatory minimum sentencing provisions in the crime of violence statute, and neither direct-filed juveniles nor transferred juveniles convicted of crimes of violence are eligible for probation. Accordingly, the Court of Appeals’ judgment was affirmed on different grounds.

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February 24, 2020

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