People v. Rainer
2017 CO 50
| Colo. | 2017Background
- In 2000 Atorrus Rainer (age 17) was convicted of two counts of attempted first-degree murder, two counts of first-degree assault, first-degree burglary, aggravated robbery, and related enhancements; he was sentenced to consecutive termsof years that aggregated to 112 years after an appeal reduced an original 224-year sentence.
- Rainer will not be eligible for parole until age 75 under his aggregate sentence; CDC life‑expectancy statistics in the record placed expected lifespan below that parole eligibility age.
- After Graham v. Florida (2010) (barring LWOP for nonhomicide juveniles) and Miller v. Alabama (2012) (barring mandatory LWOP for juveniles), Rainer moved under Colo. Crim. P. 35(c) arguing his aggregate term‑of‑years sentence was the functional equivalent of life without parole and therefore unconstitutional.
- The district court denied relief; the Colorado Court of Appeals reversed, holding Graham and Miller apply to aggregate term‑of‑years juvenile sentences that leave no meaningful opportunity for release within life expectancy and ordering resentencing.
- The Colorado Supreme Court granted certiorari and, relying on its companion decision Lucero v. People, held that Graham and Miller do not apply to aggregate consecutive term‑of‑years sentences imposed for multiple offenses and reversed the court of appeals.
Issues
| Issue | Plaintiff's Argument (People) | Defendant's Argument (Rainer) | Held |
|---|---|---|---|
| Whether Graham and Miller apply to aggregate consecutive term‑of‑years sentences imposed on juveniles for multiple offenses | Graham and Miller do not extend to aggregate term‑of‑years sentences; those decisions target LWOP schemes | Rainer: an aggregate sentence that forecloses parole within life expectancy is functionally LWOP and violates Graham/Miller | Court: Graham and Miller do not apply to aggregate consecutive term‑of‑years sentences; reversal of court of appeals |
| Whether attempted murder is a nonhomicide offense for purposes of Graham | People: (argued that question need not be reached if Graham/Miller inapplicable) | Rainer: attempted murder should be treated as nonhomicide under Graham | Court: did not decide this question because Graham/Miller were held inapplicable to aggregate term‑of‑years sentences |
Key Cases Cited
- Graham v. Florida, 560 U.S. 48 (prohibits life without parole for nonhomicide juvenile offenders)
- Miller v. Alabama, 132 S. Ct. 2455 (prohibits mandatory life without parole for juvenile offenders)
- Close v. People, 48 P.3d 528 (Colo. 2002) (Colorado’s Eighth Amendment proportionality framework; district court of appeals had concluded Graham displaced this analysis as to juveniles)