People v. Hagos

Summary

The Supreme Court of Colorado held that section 18-1.4-102(1)(e), which established a capital sentencing procedure for a narrow class of pending cases, violated the Colorado Constitution's prohibition on special legislation. The court also concluded that the prior three-judge capital sentencing scheme was unconstitutional under Ring v. Arizona and upheld the order barring the prosecution from seeking the death penalty against Abraham Hagos. The case was remanded for imposition of a life sentence without the possibility of parole.

Holdings

1. Section 18-1.4-102(1)(e) is special legislation that violates article V, section 25 of the Colorado Constitution.
2. The three-judge capital-sentencing scheme in effect at the time of Hagos's conviction was unconstitutional and could not support a death sentence.
3. The prosecution may not seek the death penalty against Hagos under section 18-1.4-102(1)(e) or under the capital-sentencing scheme in effect when he was convicted.

Questions Presented

1. Whether Colorado Revised Statutes section 18-1.4-102(1)(e) violated the Colorado Constitution's prohibition against special legislation.
2. Whether the unconstitutional three-judge capital-sentencing scheme in effect when Hagos was convicted could support imposition of the death penalty.
3. Whether the prosecution could seek the death penalty against Hagos under the challenged statutory provision or the prior capital-sentencing scheme.

Disposition

remanded