People v. Kennedy.

2025 CO 63. No. 23SC847. Cruel and Unusual Punishment—Post-Conviction Proportionality Review—Vehicular Homicide (DUI).

December 15, 2025

In this post-conviction appeal, the supreme court considered whether vehicular homicide (DUI) is a per se grave or serious crime for proportionality-review purposes. The court held that it is not.

The court also reviewed whether Kennedy’s sentence raised an inference of gross disproportionality, which would have entitled her to an extended proportionality review of her sentence. After considering the specific circumstances of her crime, the court concluded that the sentence imposed didn’t raise an inference of gross disproportionality and therefore affirmed Kennedy’s sentence.