LEHNERT v. PEOPLE

No. 08SC961.

244 P.3d 1180 (2010)

Charity LEHNERT, Petitioner v. The PEOPLE of the State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

December 13, 2010.


Attorney(s) appearing for the Case

Reppucci Law Firm, P.C., Jonathan D. Reppucci , Denver, Colorado, Attorneys for Petitioner.

John W. Suthers , Attorney General, Roger G. Billotte , Assistant Attorney General, Appellate Division, Criminal Justice Section, Denver, Colorado, Attorneys for Respondent.


Chief Justice BENDER delivered the Opinion of the Court.

I. Introduction

In this second appeal, we review the court of appeals' decision that affirmed the crime-of-violence mandatory sentence imposed in this case, when the jury verdict failed to contain the specific finding of fact mandated by section 18-1.3-406, C.R.S. (2010), contrary to the trial court's instructions. People v. Lehnert (Lehnert III), No. 02CA2186, slip op. at 5-6, 2008 WL...

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