People v. Vigil, Jr., 2015 CO 43

Summary

The Colorado Supreme Court reversed the trial court’s grant of Frank Vigil Jr.’s Crim. P. 35(c) motion for post-conviction relief. Relying on its contemporaneous decision in Jensen v. People, the court held that Miller v. Alabama does not apply retroactively to cases on collateral review of a final judgment. Justice Hood dissented, joined by Justice Hobbs; Justice Boatright did not participate.

Holdings

1. Miller does not apply retroactively to cases on collateral review of a final judgment. Because Vigil's judgment was final and he challenged it through a Crim. P. 35(c) motion, Miller did not apply to his sentence.
2. The trial court erred in granting Vigil's Crim. P. 35(c) motion because Miller did not apply retroactively to his final judgment.

Questions Presented

1. Whether Miller v. Alabama applies retroactively to cases on collateral review of a final judgment.
2. Whether the trial court properly granted Vigil's Crim. P. 35(c) motion and ordered a new sentencing hearing if Miller applied retroactively.

Disposition

reversed