No. 20-7190

Erik Sanchez v. Terry Jacques, Warden

Lower Court: Tenth Circuit
Docketed: 2021-02-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: confrontation-clause consecutive-sentences constitutional-rights criminal-procedure due-process federal-review judicial-discretion plea-bargaining post-conviction-relief sentencing sentencing-guidelines
Latest Conference: 2021-03-26
Question Presented (from Petition)

IN ORCDER FOR THE SENTENCING COURT TO DEPART
FROM THE CONCURCENT SENTENCES REQUIREMENT
IN .R.S. S18-1-HOB(3) DOES COOVECNMENT
MUST ENTER FACTUAL BASIS TD SUPPORT
CONSECUTVE SENTENCES AND DUES DEFENDANT
MUST PLEA CULTY TO SUCH FACTS THE
PUNISHMENT BEFORE THE CONSECUTUVE SENTENCES
MAYbE IMPOSED

MAT DeFeNSANT Be ReGNIRed tr SERVe AN
FOr STATE CRUME F VEHCULAR LUDING CANDUCT IN
WHIch DeFeNdANT HAs NEVER
Plead Guctty
0
Suck Factual BAsIs During
CHe Ccum. P. Rule 11

IN PRISBNMENT BASEd IN SUCH MATERLAL FACTS
IN
dISPUTE ABOUT AN AdDCTiONAL VeHICUlAR ELUDiNg
CriMe CuAL CoUrT HAS MADe eSSENTAL t HE
DEFENDANT's CONSECUTIVE SeNTENCE : WHIC ARe
and DeFendant s FederAlly Protected
18-1-408(3)
RIGHTS AMD LAWS G IS AN UNLAWFUL GENTENCE IN
WHICH SHLd Be COCceCTed AT ANy IME REGADLESS
IF ANy procedurAL DefAulT Alleged

Question Presented (AI Summary)

Whether the sentencing court must enter a factual basis to support a consecutive sentence when a defendant has never pled guilty to such facts, depriving the defendant of due process and the right to confront such facts

Docket Entries

2021-03-29
Petition DENIED.
2021-03-11
DISTRIBUTED for Conference of 3/26/2021.
2021-03-08
Waiver of right of respondent Terry Jacques to respond filed.
2020-11-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 24, 2021)

Attorneys

Erik Sanchez
Erik Sanchez — Petitioner
Terry Jacques
L. Andrew CooperOffice of the Colorado Attorney General, Respondent