Jarrod Ralph Rutter, Petitioner v. the People of the State of Colorado, Respondent — Gabriel, J., Dissenting

Summary

Justice Gabriel dissented from the majority's decision to resolve the proportionality challenge solely by examining whether Rutter's triggering offense was grave or serious. The dissent would hold that subsequent legislative reclassification of predicate crimes and amendment of the habitual-criminal statute are relevant to an abbreviated proportionality review, and would remand for further factual development and review. Justices Marquez and Hood joined the dissent.