Lucero v. People, 2012 CO 7

This case grants certiorari on two issues decided by the Colorado Court of Appeals in an unpublished opinion.
Lucero was convicted of three theft counts arising from acts over about two months, with total value exceeding $15,000.
The theft statute in effect required aggregation of multiple thefts within six months into a single theft conviction.
The first certiorari issue asks whether Roberts v. People applies on direct appeal when not raised at trial.
The second certiorari issue asks whether the deadly weapon definition in section 18-1-901(8)(e) precludes a firearm from per se qualifying as a deadly weapon, applying Montes v. People.
The Court reverses the appellate judgment, merges the theft convictions into one class 3 felony, and remands for resentencing; it also vacates the first-degree burglary conviction and remands for resentencing on the lesser included offense of second-degree burglary.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Aggregation of multiple thefts must be punished as one?	Lucero—Roberts applies on direct appeal.	Lucero—aggregation must follow trial-raised theory.	Three thefts merge into one theft conviction.
Is a firearm a per se deadly weapon under the burglary statute?	Lucero—firearm satisfies deadly weapon element.	Montez governs; firearm not per se deadly weapon.	Firearm not per se a deadly weapon; remand for second-degree burglary conviction.

Roberts v. People, 203 P.3d 513 (Colo. 2009) (aggregation rule for thefts within six months; applicability on appeal)
Montes v. People, 269 P.3d 1228 (Colo. 2012) (deadly weapon definition not to classify firearms per se)
People v. Rockwell, 125 P.3d 410 (Colo. 2005) (ability to correct illegal sentences at any time)
Patton v. People, 35 P.3d 124 (Colo. 2001) (vacating duplicate punishment where law limited convictions)