LOPEZ v. PEOPLE

No. 04SC150.

113 P.3d 713 (2005)

Robert A. LOPEZ, Petitioner, v. The PEOPLE of the State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing June 27, 2005.


Attorney(s) appearing for the Case

David S. Kaplan, Colorado State Public Defender, Cynthia Camp, Deputy State Public Defender, Andrea Manning, Deputy State Public Defender, Denver, for Petitioner.

John W. Suthers, Attorney General, John D. Seidel, Assistant Attorney General, Criminal Justice Section, Appellate Division, Denver, for Respondent.

Justice COATS concurs in the judgment only, and Justice KOURLIS and Justice RICE join in the concurrence.


HOBBS, Justice.

We granted certiorari to consider whether the rule of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), and Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), invalidates the aggravated sentence imposed in this case.1 Defendant Robert A. Lopez pled guilty to possession of a controlled substance...

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