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People v. Jamison

Citations

  • 220 P.3d 992
  • 2009 Colo. App. LEXIS 1318
  • 2009 WL 2182375

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that sentence enhane-ers, like elements of a crime, must be pleaded, proved, and found beyond a reasonable doubt by a jury
  • acknowledging that theft of property valued between $100 and $500 technically wasn’t a lesser included offense of theft of property valued between $500 and $15,000, but treating it as such for purposes of entering judgment for the lesser offense supported by the evidence
  • noting the burden is on the prosecution to prove the value of damage to property beyond a reasonable doubt
  • where the value of the item stolen determines the grade of the offense, the relationship between a felony theft and a misdemeanor theft is analogous to the relationship between a greater and lesser included offense
  • r ejecting the People’s argument that the “items themselves” could be consid ered some evidence of their value but noting that “no evidence was pr esented 14 in this case as to the condition, age, and other factors which the jury could consider in determining value”

Source: CourtListener parenthetical corpus (CC0).

Judges: Dailey, Roman, Terry

Read full opinion on CourtListener

Cited by

7 cases in this archive cite this case.

Cites

17 cases in this archive are cited by this case.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

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