Supreme Court of Colorado

The People of the State of Colorado, Petitioner v. Reginald Marcus Porter, Respondent

May 26, 2015348 P.3d 922

Summary

The court held that Colorado's double jeopardy protections do not apply to noncapital habitual-criminal sentencing proceedings. It overruled its earlier contrary precedent because subsequent authority and changed statutory circumstances showed that habitual-criminality proceedings determine sentencing status rather than adjudicate a separate offense. The court therefore reversed the court of appeals and remanded for reinstatement of the habitual counts.