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GOROSTIETA v. PEOPLE

Supreme Court Case No. 21SC441.

516 P.3d 902 (2022)

2022 CO 41

Enrique Ernesto GOROSTIETA, Petitioner, v. The PEOPLE of the State of Colorado, Respondent.

Supreme Court of Colorado.

September 12, 2022.

Attorney(s) appearing for the Case

Attorneys for Petitioner: Megan A. Ring , Public Defender, Mackenzie Shields , Deputy Public Defender, Denver, Colorado.

Attorneys for Respondent: Philip J. Weiser , Attorney General, Trina K. Kissel , Assistant Attorney General, Denver, Colorado.

CHIEF JUSTICE BOATRIGHT, joined by JUSTICE HOOD, concurred in the judgment.

¶1 This case affords this court an opportunity to clarify what prosecutors must prove to establish a defendant's identity as the perpetrator of a prior crime when the defendant's conviction of that prior crime is an element or sentence enhancer of the present offense (e.g., in cases involving...

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