The People of the State of Colorado, Petitioner/Cross-Respondent: v. Kari Mobley Kennedy, Respondent/Cross-Petitioner:

Summary

The court held that vehicular homicide-DUI is not categorically a grave or serious offense for proportionality-review purposes because it is a strict-liability offense requiring no mens rea. Applying an individualized proportionality review, the court concluded that Kennedy's twenty-four-year sentence was not grossly disproportionate given the death and severe injuries, her fourth DUI, the statutory sentencing range, her agreement to the sentencing range, and the possibility of parole. The court therefore affirmed the court of appeals' judgment.