Sellers v. People.

2024 CO 64. No. 22SC738. Felony Murder—Life Without the Possibility of Parole.

September 30, 2024

The Supreme Court considered whether a life without the possibility of parole (LWOP) sentence for felony murder is categorically unconstitutional or, alternatively, grossly disproportionate to the offense of felony murder following the General Assembly’s 2021 reclassification of that offense.

Based on objective indicia of societal standards and evolving standards of decency as expressed in legislative action and state practice, as well as the exercise of its independent judgment, the Court concluded that an LWOP sentence for felony murder for an adult offender is not categorically unconstitutional.

The Court further concluded that, even assuming without deciding that felony murder is not per se grave or serious, Sellers’s offense here was, in fact, grave and serious. Thus, his LWOP sentence, although severe, does not run afoul of the Eighth Amendment or article II, section 20 of the Colorado Constitution and therefore is not grossly disproportionate.

Accordingly, the Court affirmed the judgment of the division below, albeit partially on different grounds.