2021 CO 52
Colo.2021Background
- Defendant Eric A. Coleman abducted and sexually assaulted a woman (victim held her 11‑month‑old child during the attack). He was charged with sex assault among other counts.
- Pursuant to a plea, Coleman pleaded guilty to attempted second‑degree assault (class 5, a "per se" crime of violence) and attempted sexual assault (class 5 sex‑related offense covered by SOLSA). The court imposed 4 years in prison for the assault, followed consecutively by 10 years of Sex Offender Intensive Supervised Probation (SOISP) for the sex‑related offense.
- After serving prison, Coleman began SOISP but moved to vacate the sentence under Allman v. People, arguing the district court lacked authority to impose prison for one count and probation for another in a multi‑count case; the district court agreed and ordered resentencing.
- The People sought original relief under C.A.R. 21; the Colorado Supreme Court exercised jurisdiction, issued a rule to show cause, and ultimately made the rule absolute.
- The Court held that Allman’s general prohibition on mixed prison/probation sentences does not apply where the consecutive probation sentence is SOISP imposed under SOLSA (whether indeterminate for a "sex offense" or determinate for a "sex‑related" offense), and that the crime‑of‑violence statute independently supports upholding the prison + SOISP sentence.
- Chief Justice Boatright (joined by Justice Hart) dissented, arguing Allman should control and the plea/sentence should be vacated.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Allman bars a consecutive prison sentence for a non‑sex offense followed by a determinate SOISP term for a sex‑related offense | Allman does not apply because SOLSA creates a unique sentencing scheme authorizing SOISP consecutive to prison; Manaois and SOLSA history support this | Allman prohibits imposing prison for some counts and probation (including SOISP) for others in the same case; the original sentence was therefore illegal | Court held Allman inapplicable to prison + SOISP sentences under SOLSA (both indeterminate and determinate SOISP); the consecutive sentence was authorized |
| Whether the Colorado Supreme Court should exercise original jurisdiction under C.A.R. 21 | Original jurisdiction appropriate because appeal would be inadequate, the district court’s order would alter Coleman’s sentence, and the issue is of recurring public importance | (Implicit) Coleman could pursue appeal after resentencing, but delay could irreparably affect People’s position | Court exercised original jurisdiction and resolved the legality question now |
Key Cases Cited
- Allman v. People, 451 P.3d 826 (Colo. 2019) (establishes general prohibition on imposing prison for some counts and probation for others in multi‑count cases)
- People v. Ehlebracht, 480 P.3d 727 (Colo. App. 2020) (COA held SOLSA’s unique sentencing scheme can place certain SOISP sentences outside Allman’s reach)
- People v. Lucy, 467 P.3d 332 (Colo. 2020) (describes narrow scope and standards for exercising original jurisdiction under C.A.R. 21)
- People v. Rosas, 459 P.3d 540 (Colo. 2020) (further defines circumstances warranting original jurisdiction relief)
- People v. Austin, 419 P.3d 587 (Colo. 2018) (explains "per se" crimes of violence and related sentencing consequences)