People v. Manaois.
2021 CO 49. No. 20SA375. General Sentencing Statutes—Sex Offender Lifetime Supervision Act—Sex Offender Intensive Supervision Probation—Consecutive Prison-Probation Sentences in a MultiCount Case—Crime of Violence Statute.
June 14, 2021
In Allman v. People, 2019 CO 78, the Supreme Court decided that a district court lacks authority under the general sentencing statutes to sentence a defendant to prison for one offense and to probation for another in a multi-count case. But the defendant in Allman received consecutive prisonprobation sentences for non-sex offenses, while the defendant in this case received consecutive prison-probation sentences that included a sentence to Sex Offender Intensive Supervision Probation (SOISP) for a “sex offense” under the Sex Offender Lifetime Supervision Act (SOLSA). The Court held that Allman’s sentencing prohibition does not apply in cases where, as here, the defendant receives a prison sentence for a non-sex offense and a consecutive SOISP sentence for a sex offense.
In this case, the district court vacated defendant’s guilty pleas, sentences, and judgment of conviction after the Court of Appeals mistakenly concluded that his consecutive sentences to prison and SOISP were illegal under Allman. Because the district court erred, albeit at the direction of the Court of Appeals, the Court made absolute the rule it issued in response to the People’s C.A.R. 21 petition. The case was remanded with instructions to reinstate defendant’s guilty pleas, sentences, and judgment of conviction.