People v. Davis
2012 COA 56
Colo. Ct. App.2012Background
- Davis appeals from a COCCA conviction, conspiracy to commit second-degree assault, second-degree assault, and two counts of solicitation of second-degree assault, plus habitual criminal status and a 108-year sentence.
- Prosecution alleged a 211 Crew enterprise and multiple predicate acts of racketeering including assaults and drug distribution.
- Court held COCCA allows use of time-barred predicate acts if at least one predicate act occurred within the applicable statute of limitations.
- Evidence included a coded letter ordering an assault and testimony from gang members about Davis’s leadership and prior orders.
- Trial court later determined COCCA sentence must be consecutive to existing sentences; on appeal the court remanded for a discretionary ruling on consecutive vs concurrent sentencing.
- Court affirmed most convictions and vacated the COCCA sentence to be decided on remand; case remanded for resentencing as directed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Scope of COCCA predicate acts (timeliness) | People argues time-barred acts may serve as predicates if one act is within the period. | Davis argues time-barred acts cannot serve as predicates. | Yes; predicates within ten years allow time-barred acts as evidence of COCCA. |
| Sufficiency of evidence for C.H. assault and TM solicitation | People contends there is sufficient evidence. | Davis contends evidence is insufficient. | Sufficient evidence supports C.H. assault and TM solicitation, and COCCA conviction. |
| Consecutive vs. concurrent sentencing on COCCA | People contends statutory framework requires a certain ordering. | Davis argues for potential concurrency. | COCCA sentence vacated as to consecutiveness; remanded for discretion on run-consecutive vs run-concurrent. |
Key Cases Cited
- Chaussee v. People, 880 P.2d 749 (Colo. 1994) (COCCA framework and RICO-inspired interpretation)
- Melina v. People, 161 P.3d 635 (Colo. 2007) (corroborative circumstances of solicitation evidence)
- Aalbu v. People, 696 P.2d 796 (Colo. 1985) (standard for corroboration in solicitation cases)
- United States v. Wong, 40 F.3d 1347 (2d Cir. 1994) (predicate acts time-barred can support RICO pattern if at least one within period)