Christopher Brian Marquez v. the People of the State of Colorado

Summary

The court held that “arising out of the same incident” in the crime-of-violence sentencing statute has the same meaning as “arising from the same criminal episode” in the mandatory-joinder statute. Because Marquez’s two crime-of-violence convictions involved different acts, victims, locations, methods, and proof, they did not arise from the same criminal episode, so the district court was required to exercise discretion whether to impose concurrent or consecutive sentences. Justice Boatright, joined by Justices Rice and Eid, concurred in part but would have remanded more broadly for the trial court to determine whether the crimes constituted the same criminal episode.