Darkhanbayar Tumentsereg v. the People of the State of Colorado

Summary

The court affirmed the defendant’s class-two-felony sexual-assault conviction, holding that omission of the word "physically" from the aiding-or-abetting interrogatory was unobjected-to trial error rather than structural error and did not constitute plain error because the evidence supported only physical assistance. The court also affirmed the sixteen-years-to-life sentence because the sentencing court exercised discretion and imposed a sentence within the permissible range under any potentially applicable statute. Chief Justice BENDER, joined by Justice MARTINEZ, dissented, concluding that the omission created a reasonable possibility that the jury would have reached a different enhancer finding and would have reversed for resentencing.