Colorado v. DiazAnnotate this Case
While incarcerated, defendant Josph Diaz punched a prison guard. Less than three months later, Diaz threw a cup that hit another guard in the mouth. The district attorney charged him in two cases with second degree assault of a detention center employee. Diaz finished finishing his original sentence before he went to trial in either assault case. Trial for the second assault took place before trial for the first. A jury found Diaz guilty, and the court sentenced him to ten years for the second (cup-throwing) assault. Shortly thereafter, another jury found Diaz guilty of the first assault, and he was sentenced to ten years consecutive to the ten he was sentenced for the second assault. The Court of Appeals held that the trial court erred by ruling that 18-3-203(1)(f), C.R.S. (2014) required that the sentences be served concurrently. The Supreme Court reversed: 18-3-203(1)(f) required a consecutive sentence if, at the time of sentencing, a defendant was serving any other sentence.