Supreme Court of Colorado

William Costello Scott, Petitioner v. the People of the State of Colorado, Respondent

February 27, 2017390 P.3d 832

Summary

The court held that an unpreserved double-jeopardy claim may be raised for the first time on appeal and ordinarily reviewed for plain error. Although the lower appellate court therefore erred by refusing to review the claim, the convictions did not warrant relief because any failure to merge them was not obvious in light of existing appellate precedent. The court affirmed the judgment on grounds different from those relied on below.