The People of the State of Colorado, Petitioner/cross-Respondent v. . Michael Johnson, Respondent/cross-Petitioner I E

Summary

The court held that the statutory limitation on sentence increases after an appeal did not apply because Johnson had not appealed the possession conviction or its original sentence. It further held that due process did not require a presumption of vindictiveness because Johnson's aggregate sentence decreased from twenty years to life to twelve years, and the record did not establish actual vindictiveness. The court affirmed the statutory ruling, reversed the due-process ruling, and remanded for consideration of remaining issues.