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DEHERRERA v. PEOPLE

No. 04SC446.

122 P.3d 992 (2005)

Sidney DEHERRERA, Petitioner, v. The PEOPLE of the State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied November 28, 2005.

Attorney(s) appearing for the Case

David S. Kaplan, Colorado State Public Defender, Alan Kratz, Deputy State Public Defender, Denver, for Petitioner.

John W. Suthers, Attorney General, John D. Seidel, Assistant Attorney General, Denver, for Respondent.

Robert J. Whitley, Chief Appellate Deputy District Attorney, Denver, for Amicus Curiae Colorado District Attorneys' Council.

MULLARKEY, Chief Justice.

I. Introduction

We granted certiorari in this case to determine whether, in light of Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), the court of appeals erred in holding that, consistent with the right to a jury trial in the Sixth Amendment, the trial judge properly imposed upon the defendant a sentence of imprisonment in the aggravated range. After this case was...

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