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FLAKES v. PEOPLE

No. 05SC593.

153 P.3d 427 (2007)

Gary Lavon FLAKES, Petitioner v. The PEOPLE of the State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing March 19, 2007.

Attorney(s) appearing for the Case

Kim Dvorchak, Littleton, Colorado, Attorney for Petitioner.

John W. Suthers, Attorney General, Matthew D. Grove, Assistant Attorney General, Appellate Division, Criminal Justice Section, Denver, Colorado, Attorneys for Respondent.

Douglas K. Wilson, Colorado State Public Defender, Andrew C. Heher, Deputy State Public Defender, Denver, Colorado, Attorneys for Amicus Curiae Colorado State Public Defender.

Marsha L. Levick, Laval Miller-Wilson, Vincent Herman, Philadelphia, Pennsylvania, Attorneys for Amici Curiae Juvenile Law Center, National Juvenile Defender Center, Center on Children and Families, Southern Juvenile Defender Center, Pendulum Juvenile Justice, Northeast Juvenile Defender Center, The Center for Children's Law and Policy, and the Southern Poverty Law Center.

Justice MARTINEZ delivered the Opinion of the Court.

We granted certiorari to consider the constitutionality of section 19-2-517 of the Colorado Revised Statutes—the direct file statute within the Children's Code. Petitioner Gary Flakes ("Flakes") asserts that the sentencing provisions of the direct file statute require an adult sentence under the circumstances of his case and violate the constitutional doctrines of equal protection, due process, uniformity...

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