sentencing court finds aggravating factors (Colorado) · Go Syfert
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sentencing court finds aggravating factors in Colorado

11 Colorado opinions name it 1 courts 1992–2026 4 in the last five years

The cases below were cited by Colorado courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
People v. Myersgreen
coloctapp · 2001 · cited in 2 Colorado opinions naming this issue, 2026–2026
2 sentences

2026See id. at ¶ 74; see also People v. Myers, 45 P.3d 756, 757 (Colo. App. 2001) (“The fact that a sentencing court finds aggravating factors to be more compelling than mitigating factors does not constitute an abuse of discretion or indicate that the trial court failed to consider evidence of mitigation.”). ¶ 38 Because Palermo’s sentence falls within the statutory range, was based on appropriate considerations, and is supported by the 17 circumstances of the case, we won’t substitute our judgment for that of the district court.

2026For one thing, 9 while the court may not place undue emphasis on any one sentencing factor to the exclusion of the others, People v. Campbell, 58 P.3d 1080, 1087 (Colo. App. 2002), aff’d, 73 P.3d 11 (Colo. 2003), “[t]he fact that a sentencing court finds aggravating factors to be more compelling than mitigating factors does not constitute an abuse of discretion or indicate that the court failed to consider” all proper sentencing factors, People v. Myers, 45 P.3d 756, 757 (Colo. App. 2001).

22
Rocha v. Peoplegreen
colo · 1986 · cited in 2 Colorado opinions naming this issue, 1992–1994
2 sentences

1994See Rocha v. People, 713 P.2d 350 (Colo.1986).

1992See Rocha v. People, 713 P.2d 350 (Colo.1986).

22
People v. Hernandez-Luisgreen
coloctapp · 1994 · cited in 6 Colorado opinions naming this issue, 1997–2026
2 sentences

2026People v. Linares-Guzman, 195 P.3d 1130, 1137 (Colo. App. 2008); see also People v. Hernandez-Luis, 879 P.2d 429, 430 (Colo. App. 1994) (“[T]he fact that a sentencing court finds aggravating factors to be more compelling than mitigating factors does not constitute an abuse of discretion or indicate that the trial court failed to consider evidence of mitigation.”).

2004People v. Hernandes-Luis, 879 P.2d 429 (Colo.App.1994).

16
People v. Campbellgreen
coloctapp · 2002 · cited in 1 Colorado opinions naming this issue, 2026–2026
1 sentence

2026For one thing, 9 while the court may not place undue emphasis on any one sentencing factor to the exclusion of the others, People v. Campbell, 58 P.3d 1080, 1087 (Colo. App. 2002), aff’d, 73 P.3d 11 (Colo. 2003), “[t]he fact that a sentencing court finds aggravating factors to be more compelling than mitigating factors does not constitute an abuse of discretion or indicate that the court failed to consider” all proper sentencing factors, People v. Myers, 45 P.3d 756, 757 (Colo. App. 2001).

11
People v. Fullergreen
colo · 1990 · cited in 1 Colorado opinions naming this issue, 2026–2026
1 sentence

2026See Fuller, 791 P.2d at 708 .

11
People v. Linares-Guzmangreen
coloctapp · 2008 · cited in 1 Colorado opinions naming this issue, 2026–2026
1 sentence

2026People v. Linares-Guzman, 195 P.3d 1130, 1137 (Colo. App. 2008); see also People v. Hernandez-Luis, 879 P.2d 429, 430 (Colo. App. 1994) (“[T]he fact that a sentencing court finds aggravating factors to be more compelling than mitigating factors does not constitute an abuse of discretion or indicate that the trial court failed to consider evidence of mitigation.”).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Colorado. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Campbell v. People green
colo · 2003
1 sentence

2026For one thing, 9 while the court may not place undue emphasis on any one sentencing factor to the exclusion of the others, People v. Campbell, 58 P.3d 1080, 1087 (Colo. App. 2002), aff’d, 73 P.3d 11 (Colo. 2003), “[t]he fact that a sentencing court finds aggravating factors to be more compelling than mitigating factors does not constitute an abuse of discretion or indicate that the court failed to consider” all proper sentencing factors, People v. Myers, 45 P.3d 756, 757 (Colo. App. 2001).

12026–2026
People v. Eurioste green
coloctapp · 2000
1 sentence

2025“The fact that a sentencing court finds aggravating factors to be more compelling than any arguably mitigating factors does not constitute an abuse of discretion or indicate that the trial court failed to consider evidence of mitigation.” Eurioste, 12 P.3d at 851 . ¶8 Here, weighing against Fernandez’s expression of remorse and his desire to seek treatment were several aggravating circumstances. ¶9 For one thing, as the court noted, Fernandez had an “extensive” and “horrific” criminal history that went back more than thirty years.

12025–2025
People v. Walters green
colo · 1981
1 sentence

2000People v. Walters, 632 P.2d 566 (Colo.1981). *851 The fact that a sentencing court finds aggravating factors to be more compelling than any arguably mitigating factors does not constitute an abuse of discretion or indicate that the trial court failed to consider evidence of mitigation.

12000–2000
People v. Horne green
colo · 1983
1 sentence

1994Rehabilitation is only one of many factors that must be weighed in sentencing, People v. Home, 657 P.2d 946 (Colo.1983), and the fact that a sentencing court finds aggravating factors to be more compelling than mitigating factors does not constitute an abuse of discretion or indicate that the trial court failed to consider evidence of mitigation.

11994–1994

Statutes the citing opinions construe

CO § Colo. Rev. Stat. § 18-1-105 (6)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CO 11 (1992–2026) WA 2 (1998–2018)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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