Jacob Woodside Rule Discharged En Banc Justice Hart Delivered the Opinion of the Court, in Which Chief Justice…

Summary

The court held that Colorado's second-offense sentencing provision applies when, at sentencing, the defendant has a relevant prior conviction, regardless of whether the conduct underlying that conviction occurred before the conduct underlying the offense being sentenced. Because Woodside had already pleaded guilty to and been sentenced for the later-committed offense before sentencing on the earlier-committed offense, the trial court properly applied second-offense penalties and the court discharged the rule to show cause.