People v. Wiseman

Citations

• 2017 COA 49
• 413 P.3d 233

Syllabus

Sexual Assault on a Child—Illegal Sentencing—Consecutive Sentences—Concurrent Sentences—Sentence Enhancers—Colorado Sex Offender Lifetime Supervision Act of 1998—Double Jeopardy—Due Process—Laches—Speedy Sentencing—Cruel and Unusual Punishment. A jury found Wiseman guilty of acts constituting sexual assault on a child under the age of 15 by one in a position of trust. Wiseman received four sentences, three of which were to run consecutively, and one to run concurrent to two others. While Wiseman was incarcerated in the Department of Corrections (DOC), the district court, at the DOC's request, reviewed his sentence and determined that consecutive terms were mandated by law on all four of his sentences. The effect of the court's order was to increase Wiseman's sentence to 46 years imprisonment. On appeal, Wiseman contended that he was subject to, at most, two convictions and sentences in this case, and that the district court erred in determining that consecutive sentences were statutorily required. Counts seven and eight did not encompass \additional\ substantive crimes for which one or more separate sentences could be imposed they acted as mere sentence enhancers for counts one and three. Consequently, in entering separate convictions and sentences for counts seven and eight, the district court erred. As to the types of sentences, concurrent sentencing is required when offenses are supported by identical evidence. Here, Wiseman's convictions were not supported by identical evidence and arose out of different incidents. Under the circumstances, Wiseman was subject to concurrent or consecutive sentencing, in the court's discretion. The district court, therefore, erred in concluding that it was statutorily required to impose consecutive sentences. Wiseman requested that the case be remanded for reinstatement of the original judgment of conviction and sentences. But Wiseman's crimes were punishable by indeterminate sentencing under the Colorado Sex Offender Lifetime Sup