Legal Question in Criminal Law in Colorado

Re: Aggravated Sentence

Half right. A jury finding is needed to aggravate a sentence, unless prior criminal history in the reason for aggravation. That is, unless you tell the judge you are waiving your right to a jury trial and admit any aggravating facts. (Like, JUDGE: "Mr. x, were you on probation when this happenned? DEFENDANT: Yes."). I get involved in these cases, the family spends thousands on transcripts and fees, then we see that the defendant made an admission in court. If the boyfriend swears he made no such admission, I would file an appeal (if timing allows) or a post-conviction motion.