People v. Al-Turki

Citations

• 2017 COA 39

Syllabus

Colorado Sex Offender Lifetime Supervision Act—Probation—CRS § 18-1.3-406(1)(a) and (b)—Crime of Violence— Sex Offender. Al-Turki was convicted under the Colorado Sex Offender Lifetime Supervision Act of 1998 (LSA) of 12 counts of unlawful sexual contact through use of force, intimidation, or threat. The district court ultimately sentenced him to indeterminate prison terms of six years to life. Al-Turki renewed his previously filed Rule 35(b) motion for reduction of sentence, arguing that he was eligible for a probationary sentence under CRS § 18-1.3-406(1)(a). The trial court denied the motion. On appeal, Al-Turki contended that he was eligible to have his indeterminate term of incarceration sentence, which was imposed under the LSA and the crime-of-violence statute, CRS § 18-1.3-406(1)(b), modified to probation under CRS § 18-1.3-406(1)(a). The mandatory sentencing for violent crimes statute, CRS § 18-1.3-406(1), differentiates between crimes of violence that involve sex offenses (CRS § 18-1.3-406(1)(b)) and those that do not involve sex offenses (CRS § 18-1.3-406(1)(a)). CRS § 18-1.3-406(1)(b) provides that defendants convicted of a sex offense that is a crime of violence \shall\ be sentenced to an indeterminate term of incarceration. Thus, a crime-of-violence sex offender is not eligible for probation. Al-Turki was convicted of a sex offense that is a crime of violence. Therefore, the district court did not err in concluding that CRS § 18-1.3-406(1)(b) precluded it from modifying Al-Turki's sentence to probation. The order was affirmed. 2017 COA 40. No. 14CA0842. People v. Davis. Wiretapping—Conspiracy—Habitual Criminal—Unanimity Instruction—Single Transaction—Limiting Instruction—Prior Conviction—Jury. After an investigation that entailed wiretapping, the People charged defendant with one count of conspiracy to distribute a schedule II controlled substance (methamphetamine) and several habitual criminal counts. A jury convicted defendant of the conspiracy charg