The People of the State of Colorado, Plaintiff v. C.j. Day, Defendant

Summary

The court held that the pattern-of-sexual-abuse sentence enhancement could not apply because the jury convicted Day only of attempted sexual assaults and found no completed incidents of sexual contact. Because the prosecution presented only the two incidents underlying those attempt convictions, the statutory requirement of at least two completed incidents was not satisfied, and the trial court erred by imposing an indeterminate sentence under the enhancement. The court made its rule absolute and remanded for resentencing on the attempt convictions without the enhancement. Justice COATS, joined by Justices RICE and EID, dissented, contending that the jury's pattern verdict established two completed assaults and that the original proceeding should have been dismissed.