Lucero v. People

Summary

The Colorado Supreme Court held that Graham v. Florida and Miller v. Alabama do not apply to aggregate consecutive term-of-years sentences imposed on juveniles convicted of multiple offenses. The court also held that the court of appeals properly treated Lucero’s Rule 35(b) sentence-reduction claim as a Rule 35(c) constitutional challenge. The judgment of the court of appeals was affirmed.

Holdings

1. Graham v. Florida and Miller v. Alabama do not apply to, and therefore do not invalidate, aggregate consecutive term-of-years sentences imposed on a juvenile offender for multiple convictions.
2. The Colorado Court of Appeals did not err by treating Lucero's Rule 35(b) motion for sentence reduction as a Rule 35(c) motion asserting that his sentence was unconstitutional.

Questions Presented

1. Whether Graham v. Florida and Miller v. Alabama apply to an aggregate consecutive term-of-years sentence imposed on a juvenile convicted of multiple offenses.
2. Whether the Colorado Court of Appeals properly treated Lucero's Rule 35(b) sentence-reduction claim as a Rule 35(c) constitutional post-conviction claim.
3. Whether attempted murder is a nonhomicide offense under Graham.

Disposition

affirmed