Supreme Court of Colorado

v. McRae

November 4, 20192019 CO 91

Summary

The court held that relevant legislative amendments enacted after the triggering and predicate offenses must be considered during abbreviated proportionality review, even when those amendments do not apply retroactively. It further held that the trial court improperly applied the amendments retroactively and that additional factual findings were required before resolving the proportionality challenge. The judgment was reversed and the case was remanded for a new abbreviated proportionality review.