William J. Hunsaker, Jr., Petitioner v. the People of the State of Colorado, Respondent

Summary

The court held that a sexual-assault-on-a-child pattern-of-abuse conviction is a per se crime of violence subject to an aggravated-range minimum sentence without a separate finding of aggravating circumstances. It also held that the prosecution could appeal the legal sentencing range, that an illegal sentence on one count did not require resentencing on other counts with legal sentences, and that the resentencing court could nevertheless reconsider those legal sentences under Rule 35(b). The court affirmed the court of appeals and remanded for reinstatement of the sixteen-years-to-life sentence on count II, while permitting a renewed sentence-reduction motion.