· 8/15/2002
People v. Stead
Citations
- 66 P.3d 117
- 2002 Colo. App. LEXIS 1430
- 2002 WL 1869007
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that because the lifetime registration and internet posting requirements associated with SVP designation are not punishments, the constitutional guarantee of trial by jury does not apply to SVP designation
- “Because we conclude that the registration and Internet posting provisions of [Colorado’s sex-offender-registration law] do not constitute punishment, Apprendi is inapplicable.”
- “[T]he sex offender registration statute does not disadvantage those offenders subject to its provisions; thus, registration is not punishment . . . .”
- “Because we conclude that the registration and Internet posting provisions ... do not constitute punishment, Apprendi is inapplicable.”
- appellate courts defer to court's factual findings regarding SVP determination when findings are supported by competent evidence
- additional finding of scienter exists because court must find whether the victim was a stranger or, if the victim was not a stranger, whether a defendant established or promoted a relationship with the victim primarily for the purpose of sexual victimization
Source: CourtListener parenthetical corpus (CC0).
Judges: Sternberg, Jones, Davidson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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