Colorado v. VigilAnnotate this Case
In 1997, Frank Vigil, Jr. was convicted of first degree murder for his participation in the kidnapping, rape, torture, and murder of a 14-year-old girl. Vigil was sixteen at the time of the crime. The trial court sentenced him to life without the possibility of parole (LWOP), because it was the statutorily-mandated sentence for crimes committed between 1990 and 2006. In 2013, Vigil filed a Crim. P. 35(c) motion for post-conviction relief, arguing that his sentence was unconstitutional under "Miller v. Alabama," (132 S.Ct. 2455 (2012)). Finding that Miller applied retroactively to Vigil’s sentence, the trial court granted the motion. The State petitioned pursuant to C.A.R. 50, arguing that "Miller" did not apply retroactively. After review, the Colorado Supreme Court concluded that this case was governed by "Jensen v. Colorado," (2015 CO 42), which held that "Miller" did not apply retroactively to cases on collateral review of a final judgment. Accordingly, the Court reversed the trial court's grant of post-conviction relief.