Supreme Court of Colorado

v. People

November 4, 20192019 CO 89

Summary

The court held that possession of schedule I and II controlled substances and theft are not per se grave or serious offenses for purposes of abbreviated proportionality review. It further held that courts must consider relevant post-offense legislative amendments, even when those amendments are not retroactive. Because the lower courts applied contrary rules and additional factual findings were necessary, the judgment was reversed and the case was remanded for a new proportionality review.