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People v. Cross3/11/2004
felony conviction for the purposes of the habitual criminal sentencing pursuant to § 18-1.3-1201.
The state and federal Double Jeopardy Clauses protect individuals against multiple punishments for the same offense.
Hudson v. United States, 522 U.S. 93, 118 S.Ct. 488, 139 L.Ed.2d 450 (1997); Deutschendorf v. People, 920 P.2d 53 (Colo. 1996).
Defendant's sentence does not violate double jeopardy. Sentence enhancements based on prior crimes are neither new jeopardy nor an additional penalty for the earlier crime; rather, they are a stiffened penalty for the latest crime, which is considered to be an aggravated offense because of the defendant's repetitive criminal conduct. See People v. Bowring, 902 P.2d 911 (Colo. App. 1995).
Accordingly, the judgment is reversed, and the case is remanded to the trial court for a new trial.
JUDGE CASEBOLT and JUDGE PICCONE concur.
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