Armstrong v. People
395 P.3d 748
Colo.2017Background
- In 1995, Cheryl Armstrong (age 16) was convicted by a jury of two counts of second-degree murder under a complicity theory and tried as an adult.
- The trial court imposed consecutive 48-year sentences on each count for an aggregate term of 96 years in DOC custody.
- Armstrong filed a Rule 35(c) post-conviction motion after Graham and Miller, arguing her aggregate sentence is a de facto life-without-parole (LWOP) for a juvenile and thus unconstitutional.
- The district court denied relief; the Colorado Court of Appeals affirmed, finding parole eligibility at about age 60 gave a meaningful opportunity for release.
- The Colorado Supreme Court granted certiorari and affirmed the court of appeals, holding Graham and Miller do not apply to aggregate term-of-years sentences (following the court’s reasoning in Lucero v. People).
Issues
| Issue | Plaintiff's Argument (Armstrong) | Defendant's Argument (People) | Held |
|---|---|---|---|
| Whether Graham and Miller extend to invalidate consecutive term-of-years juvenile sentences that function as de facto LWOP | Armstrong: A long aggregate term (96 years) is the functional equivalent of LWOP and thus barred by Graham/Miller | People: Graham and Miller target the specific LWOP sentence; aggregate term-of-years sentences are not controlled by those decisions | Court: Graham and Miller do not apply to aggregate term-of-years sentences; affirmed on that ground |
| Whether second-degree murder via complicity is a non-homicide offense for purposes of Graham | Armstrong: Complicity conviction for second-degree murder should be treated as non-homicide for Graham’s rule | People: Not reached in opinion (alternate ground) | Court: Did not decide because Graham/Miller inapplicable to aggregate terms; issue unnecessary to resolve |
Key Cases Cited
- Graham v. Florida, 560 U.S. 48 (Eighth Amendment bars LWOP for juveniles who did not commit homicide)
- Miller v. Alabama, 567 U.S. 460 (Mandatory LWOP for juveniles violates Eighth Amendment)
- Lucero v. People, 394 P.3d 1128 (Colo. 2017) (lead companion decision holding Graham/Miller do not apply to aggregate term-of-years sentences)