Jarrod Ralph Rutter, Petitioner v. the People of the State of Colorado, Respondent

Summary

The court affirmed the judgment upholding Rutter's habitual-criminal sentence, concluding that his ninety-six-year sentence for manufacturing methamphetamine did not give rise to an inference of gross disproportionality under the Eighth Amendment. It held that courts, rather than the legislature, determine whether offenses are grave or serious for proportionality-review purposes, and found no reason to revisit the determination that manufacturing methamphetamine is grave or serious. The court expressly declined to decide whether subsequent legislative changes may be considered in an abbreviated proportionality review when those changes do not concern the triggering offense. Justice Gabriel, joined by Justices Marquez and Hood, dissented and would have considered the legislative changes and remanded for a new abbreviated proportionality review.