[DOWNLOAD] "Moore v. People" by In the Intermediate Court of Appeals of the State of Hawaii " Book PDF Kindle ePub Free
eBook details
- Title: Moore v. People
- Author : In the Intermediate Court of Appeals of the State of Hawaii
- Release Date : January 15, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
We granted certiorari to review the judgment of the Colorado Court of Appeals in People v. Moore, No. 82CA1342 (September 1, 1983) (not selected for official publication). In this case, the district court denied the defendants motion for post-conviction relief by which he sought vacation of that part of his judgment of conviction determining that he had committed four prior felonies and therefore was an habitual criminal. The court of appeals affirmed. In so doing, it held that the defendant was not entitled to relief from his adjudication as an habitual criminal even though the trial court found him guilty of the habitual criminal charges without submitting them to the jury for determination, a practice of which we disapproved in People v. Mason, 643 P.2d 745 (Colo. 1982). The court of appeals based its holding on a factual distinction between Mason and this case. Although we do not agree that the factual differences between this case and Mason justify a different legal result, we decline to give retroactive effect to Mason so as to invalidate the defendants adjudication and sentence as an habitual criminal. Accordingly, we affirm the judgment of the court of appeals.