Supreme Court of Colorado

Guy Lucero, Petitioner v. the People of the State of Colorado, Respondent

May 22, 2017394 P.3d 1128

Summary

The court held that the Eighth Amendment decisions addressing juvenile life-without-parole sentences do not apply to an aggregate term-of-years sentence imposed for multiple offenses, even when the aggregate sentence is lengthy. It also held that the court of appeals properly treated Lucero’s constitutional sentencing challenge as a post-conviction claim under Rule 35(c), despite his filing having been styled under Rule 35(b). The court therefore affirmed. Justice Gabriel, concurring in the judgment, would have applied the relevant juvenile-sentencing principles to de facto life-without-parole sentences but agreed that Lucero’s sentence did not qualify.