Lewis v. Colorado
Annotate this CaseDefendant Gerald Lewis appealed his convictions and sentences for a number of offenses including three counts each of kidnapping and sexually assaulting his kidnap victims. The trial court sentenced Defendant for sexual assault and separately sentenced him for the second degree kidnapping of each victim, elevated to the level of a class two felony. Among its other holdings, the court of appeals rejected Defendant's contention that "People v. Henderson" should be overruled because of subsequent United States Supreme Court case law, and it affirmed each of his separate convictions and sentences. The Colorado Supreme Court granted certiorari on the issue of whether "Henderson" was still good law. Upon review, the Court affirmed the appellate court's decision, holding that the federal Court's case law "neither undermine [the Colorado Court's] prior assessment of legislative intent in 'Henderson' nor in any way diminish[es] the dispositive impact of legislative intent on Lewis's double jeopardy and merger claims."
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