Here is the Summary of a New Law That Prevents DA From Using a Class 6 Felony As A Predicate Offense for Colorado’s Habitual Offender Act
This law removes the option of sentencing an individual convicted of the class 6 felony of unlawful possession of a controlled substance as a habitual offender.
The Law became effective on August 11, 2010.
Colorado’s Habitual Offender Law requires the court to sentence an individual with three prior felony convictions to incarceration for a period that is four times the maximum sentence for the current felony conviction.
The average length of stay for a class 6 felony is 12.2 months, but for a class 6 felony with a habitual offender enhancement, the average stay is 60 months.
This Law will prevent the abuse of the Habitual Offender Law for such minor crimes as Drug Possession Felony Class 6 Felonies.
It is a good idea and is welcomed by the Colorado Criminal Defense Bar.