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WOLDT v. PEOPLE

Nos. 97SA193, 97SA392.

64 P.3d 256 (2003)

George William WOLDT, Defendant-Appellant, v. The PEOPLE of the State of Colorado, Plaintiff-Appellee. Francisco Martinez, Jr., Defendant-Appellant. v. The People of the State of Colorado, Plaintiff-Appellee.

Supreme Court of Colorado, En Banc.

February 24, 2003.

Attorney(s) appearing for the Case

David S. Kaplan, Colorado State Public Defender, Andrew C. Heher, Deputy State Public Defender, Katherine Brien, Deputy State Public Defender, Denver, Colorado, Attorneys for Defendant-Appellant George William Woldt.

Ken Salazar, Attorney General, Paul Koehler, Assistant Attorney General, Appellate Division, Criminal Justice Section, Denver, Colorado, Attorneys for Plaintiff-Appellee.

Burke & Neuwirth, P.C., Dean Neuwirth, Denver, Colorado, Jean E. Dubofsky, P.C., Jean E. Dubofsky, Boulder, Colorado, Benezra & Culver, LLC, Seth Benezra, Lakewood, Colorado, Attorneys for Defendant-Appellant Francisco Martinez.

Ken Salazar, Attorney General, Mary A. Malatesta, First Assistant Attorney General, Criminal Justice Section, Capital Crimes Unit, Paul Koehler, Assistant Attorney General, Appellate Division, Criminal Justice Section, Denver, Colorado, Attorneys for Plaintiff-Appellee.

David S. Kaplan, State Public Defender, Kathleen A. Lord, Chief Appellate Deputy, Andrew C. Heher, Deputy State Public Defender, Denver, Colorado, Attorneys for Amicus Curiae the Colorado State Public Defender.

Ann Aber, Denver, Colorado, Michael J. Heher, Captain Cook, HI, Attorneys for Amicus Curiae the Colorado Criminal Defense Bar.

Justice HOBBS delivered the Opinion of the Court.

George W. Woldt and Francisco Martinez, Jr. separately appeal judgments of two three-judge panels sentencing them to death. For purposes of this opinion, we have combined these appeals. Woldt and Martinez allege that Colorado's three-judge death penalty sentencing statute, under which they were sentenced to death, is unconstitutional on its face under Ring v. Arizona, 536 U.S. 584

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