Candelaria v. Colorado

Defendant met his victim "ML" while standing in line at a store. A few days later, he and ML went out for dinner and drinks. Instead of driving ML to her car at the end of the date, defendant drove ML to a secluded location and sexually assaulted her. A jury would convict defendant of felonious sexual assault for which he was sentenced to an indeterminate prison term of eight years to life, and designated as an SVP. Defendant appealed his conviction, sentence, and SVP designation to the court of appeals. The court of appeals affirmed the sexual assault conviction, but held that the trial court erred when it designated defendant as an SVP without making the factual findings required by the SVP statute. The court of appeals remanded the case to the trial court with instructions to make the factual findings of whether defendant was an SVP. Defendant took issue with the trial court's finding that he "established a relationship" with the victim with the intent of assaulting her to satisfy that criterion of the SVP statute. After applying its interpretation of the relationship criterion to the record in this case, the Court held that the trial court made the appropriate specific findings and correctly designated defendant as a SVP. View "Candelaria v. Colorado" on Justia Law