On any trial under the
provisions of this section and sections 18-1.3-801 and 18-1.3-803, a duly authenticated copy of
the record of former convictions and judgments of any court of record for any of said crimes
against the party indicted or informed against shall be prima facie evidence of such convictions
and may be used in evidence against such party. Identification photographs and fingerprints that
are part of the record of such former convictions and judgments, or are part of the records kept at
the place of such party's incarceration or by any custodian authorized by the executive director of
the department of corrections after sentencing for any of such former convictions and judgments,
shall be prima facie evidence of the identity of such party and may be used in evidence against
him or her.
Source: L. 2002: Entire article added with relocations, p. 1428, § 2, effective October 1.
Editor's note: This section is similar to former § 16-13-102 as it existed prior to 2002.
Notes of Decisions
Cited in
17
cases (
4 in the last 5 years), 2003–2026 · leading case:
People v. Wilson, 318 P.3d 538 (Colo. Ct. App. 2013).
People v. Wilson, 318 P.3d 538 (Colo. Ct. App. 2013).
· cites it 5× “In doing so, the court relied primarily on section 18-1.3-802, C.R.S. 2012, which provides that "fingerprints that are part of the record of .”
v. People, 2020 CO 49 (Colo. 2020).
· cites it 2× “§ 18-1.3-802, C.R.S. (2019). These records are commonly called a penitentiary packet, or “pen pack.”
People v. Carrasco, 85 P.3d 580 (Colo. Ct. App. 2003).
· cites it 3× “Section 18-1.3-802, C.R.S.2002; People v.”
People v. Gilmore, 97 P.3d 123 (Colo. Ct. App. 2003).
· cites it 3× “Section 18-1.3-802, C.R.S.2002 (formerly codified at § 16-3-102).”
People v. Gregg, 298 P.3d 983 (Colo. Ct. App. 2011).
· cites it 7× “Section 18-1.3-802, C.R.S. 2010. However, the statute does not state that such evidence is the only evidence by which the prosecution may provide prima facie proof of a prior conviction.”
People v. Martinez, 83 P.3d 1174 (Colo. Ct. App. 2003).
· cites it 3× “Section 18-1.3-802, C.R.S.2002, governs the admission of evidence in habitual criminal proceedings.”
People v. Kyle, 111 P.3d 491 (Colo. Ct. App. 2004).
· cites it 2× “2003)(recognizing this principle in the context of § 18-1.3-802, C.R.S.2003, the general habitual criminal statute).”
People v. Benzor, 100 P.3d 542 (Colo. Ct. App. 2004).
· cites it 3× “Section 18-1.3-802, C.R.S.2003; De Gesualdo v.”
People v. Poindexter, 338 P.3d 352 (Colo. Ct. App. 2013).
· cites it 3× “158 Section 18-1.3-802, C.R.S.2012, governs the admission of evidence in habitual criminal proceedings.”
People v. Cooper, 104 P.3d 307 (Colo. Ct. App. 2004).
· cites it 2× “Section 18-1.3-802, C.R.9.2008, which governs the admission of evidence in habitual criminal proceedings, provides that a duly authenticated copy of the record of a former conviction and judgment is prima facie evidence of the conviction and may be used as evidence at the…”
People v. Porter, 2015 CO 34 (Colo. 2015).
“8, § 18-1.3-802). The governing statute provided: "[The jury impaneled to try the substantive offense shall determine by separate verdict whether the defendant has been convicted as alleged.”
People v. Dean, 292 P.3d 1066 (Colo. Ct. App. 2012).
· cites it 2× “We also conclude that, as applied to defendant, under section 18-1.3-802(2), the General Assembly could rationally determine that he face a potentially longer time until parole eligibility than a defendant sentenced under section 18-1.”
— Colo. Rev. Stat. § 18-1.3-802(2) — 1 case
People v. Dean, 292 P.3d 1066 (Colo. Ct. App. 2012).
“We also conclude that, as applied to defendant, under section 18-1.3-802(2), the General Assembly could rationally determine that he face a potentially longer time until parole eligibility than a defendant sentenced under section 18-1.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.