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 charged in the completed-offense counts, the enhancement lacked the required predicate completed offenses, and the court ordered resentencing without it. Justice COATS, dissenting, would have treated the pattern verdict as finding two completed assaults, upheld the sentence, and dismissed the original proceeding as improvidently granted.