People v. Chavez.
2020 COA 80. No. 17CA1304. Criminal Law—Attempted Second Degree Murder—Consecutive Sentencing—Habitual Criminal—Crime of Violence.
May 21, 2020
A jury found defendant guilty of two counts of attempted second degree murder and one count of attempted manslaughter. The jury also found that defendant’s two convictions for attempted second degree murder were crimes of violence. The district court found that defendant had three prior felonies and adjudicated him a habitual criminal. Because defendant’s two convictions were crimes of violence arising out of the same incident, the court ordered his two sentences to run consecutively. The court also imposed a concurrent 12-year sentence on the attempted manslaughter conviction. After the judgment of conviction was affirmed on appeal, defendant filed a Crim. P. 35(b) motion contending that his three sentences should run concurrently. The district court denied the motion.
On appeal, defendant contended that the court should not have imposed consecutive sentences under the crime of violence statute because he was sentenced under the habitual criminal statute. Because the crime of violence statute’s consecutive sentencing requirement does not conflict with the habitual criminal statute, both must be given effect. Here, on each conviction for attempted second degree murder, the court sentenced defendant to the mandatory sentence under the habitual criminal statute. The court then applied the crime of violence statute’s consecutive sentencing requirement, which provides that a court must sentence a person convicted of two or more separate crimes of violence arising out of the same incident so that the sentences are served consecutively. Therefore, the court did not abuse its discretion in denying defendant’s Crim. P. 35(b) motion.
The order was affirmed.