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PEOPLE v. MOUNTJOY

Court of Appeals No. 13CA1215.

431 P.3d 631 (2016)

2016 COA 86

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Christopher Anthony MOUNTJOY, Jr., Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied July 21, 2016.

Attorney(s) appearing for the Case

Cynthia H. Coffman , Attorney General, Brock J. Swanson , Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

Douglas K. Wilson , Colorado State Public Defender, Jud Lohnes , Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant.

¶ 1 This sentencing appeal presents a novel question in Colorado — if a trial court sentences in the aggravated range based on facts not found by a jury, can the sentence be affirmed based on harmless error, if the record shows beyond a reasonable doubt that a reasonable jury would have found those facts, had the...

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