People v. Jaso
2014 WL 5032716
Colo. Ct. App.2014Background
- Defendant Antonio Jaso appeals a felony judgment following a jury verdict for misdemeanor violation of a protection order.
- Defendant sent a letter to AK. via a fellow inmate addressed to their minor son, violating the protection order.
- In 2010 AK. obtained a civil protection order prohibiting contact except for limited communication about visitation; defendant was served.
- In Sep. 2011, AK. received an anonymous letter through the inmate containing a message from defendant urging forgiveness and reconciliation.
- Defendant was charged with violation of a protection order as a class 1 extraordinary risk misdemeanor and with an HDVO enhancement.
- The jury convicted on the misdemeanor; the court then held a separate HDVO trial and sentenced defendant to 30 months based on findings not reflected in the jury verdict.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| HDVO findings required for sentence enhancement | Jaso | Jaso | Yes; trial court findings required and not reflected in verdict |
| Apprendi/Blakely error for judicial fact-finding | Jaso | Jaso | Yes; Sixth Amendment violation occurred |
| Remedy for the constitutional error | Remand permissible | Remand not needed | Reverse judgment and remand for entry of judgment and resentencing on class 1 extraordinary risk misdemeanor |
Key Cases Cited
- People v. Disher, 224 P.3d 254 (Colo.2010) (DV finding integrates into sentencing; not a standalone crime)
- Lopez v. People, 113 P.3d 713 (Colo.2005) (statutory interpretation and Blakely framework in sentencing)
- Montour v. People, 157 P.3d 489 (Colo.2007) (applies Apprendi/Blakely in Colorado sentencing context)
- Villanueva v. People, 199 P.3d 1228 (Colo.2008) (de novo review of sentencing challenges; Blakely applied to aggravated sentencing)
- Blakely v. Washington, 542 U.S. 296 (2004) (jury must decide any fact increasing penalty beyond statutory maximum)