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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.