Lucero v. People
SummaryOriginal

Summary

Colorado Supreme Court says Lucero's lengthy consecutive sentences don't violate recent LWOP restrictions for juveniles because some parole possibility remains. The Judge argues for broader protection against de facto LWOP for youth.

2017 | State Juristiction

Lucero v. People

Keywords juvenile LWOP; Eighth Amendment (U.S.); cruel and unusual punishment; consecutive sentencing; right to rehabilitation; parole eligibility; juvenile justice

Abstract

Guy Lucero, convicted as a juvenile for a drive-by shooting, received consecutive sentences totaling life in prison with no realistic chance of parole. He argued this effectively constituted cruel and unusual punishment under the Eighth Amendment, citing recent Supreme Court rulings like Graham v. Florida that limited LWOP for juveniles. The Colorado Supreme Court disagreed. They distinguished Lucero's case from true LWOP, highlighting his eligibility for parole technically existed. Justice Gabriel, concurring, argued for a broader interpretation, considering the sentence a de facto LWOP and advocating for more protections for juveniles facing such lengthy sentences.

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Abstract

Guy Lucero, convicted as a juvenile for a drive-by shooting, received consecutive sentences totaling life in prison with no realistic chance of parole. He argued this effectively constituted cruel and unusual punishment under the Eighth Amendment, citing recent Supreme Court rulings like Graham v. Florida that limited LWOP for juveniles. The Colorado Supreme Court disagreed. They distinguished Lucero's case from true LWOP, highlighting his eligibility for parole technically existed. Justice Gabriel, concurring, argued for a broader interpretation, considering the sentence a de facto LWOP and advocating for more protections for juveniles facing such lengthy sentences.

Guy Lucero, adjudicated as a juvenile for a drive-by shooting, was sentenced to consecutive terms amounting to life imprisonment with limited opportunity for parole. Lucero contended that the sentence constituted cruel and unusual punishment under the Eighth Amendment, invoking recent Supreme Court jurisprudence, notably Graham v. Florida, which curtailed life without parole (LWOP) sentences for juveniles. However, the Colorado Supreme Court rejected this argument, differentiating Lucero's sentence from true LWOP by emphasizing the technical possibility of parole. Justice Gabriel, in a concurring opinion, advocated for a broader interpretation, characterizing the sentence as de facto LWOP and urging greater safeguards for juvenile offenders facing such lengthy terms of imprisonment.

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Abstract

Guy Lucero, convicted as a juvenile for a drive-by shooting, received consecutive sentences totaling life in prison with no realistic chance of parole. He argued this effectively constituted cruel and unusual punishment under the Eighth Amendment, citing recent Supreme Court rulings like Graham v. Florida that limited LWOP for juveniles. The Colorado Supreme Court disagreed. They distinguished Lucero's case from true LWOP, highlighting his eligibility for parole technically existed. Justice Gabriel, concurring, argued for a broader interpretation, considering the sentence a de facto LWOP and advocating for more protections for juveniles facing such lengthy sentences.

Guy Lucero, who was convicted as a juvenile for his involvement in a drive-by shooting, was given consecutive sentences that amounted to life in prison. This sentence provided him with no practical opportunity for parole. Lucero contested this judgment, arguing that it constituted cruel and unusual punishment under the Eighth Amendment, particularly citing recent Supreme Court precedents like Graham v. Florida, which restricted the application of life without parole (LWOP) sentences for minors.

The Colorado Supreme Court, however, disagreed with Lucero's claim. They differentiated Lucero's case from genuine LWOP cases, emphasizing that he technically retained the possibility of parole. In a concurring opinion, Justice Gabriel advocated for a more comprehensive understanding of such sentences. He argued that Lucero's sentence effectively functioned as LWOP and called for greater legal safeguards for juvenile offenders facing similarly lengthy sentences.

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Abstract

Guy Lucero, convicted as a juvenile for a drive-by shooting, received consecutive sentences totaling life in prison with no realistic chance of parole. He argued this effectively constituted cruel and unusual punishment under the Eighth Amendment, citing recent Supreme Court rulings like Graham v. Florida that limited LWOP for juveniles. The Colorado Supreme Court disagreed. They distinguished Lucero's case from true LWOP, highlighting his eligibility for parole technically existed. Justice Gabriel, concurring, argued for a broader interpretation, considering the sentence a de facto LWOP and advocating for more protections for juveniles facing such lengthy sentences.

Guy Lucero, who was found guilty of a drive-by shooting as a teenager, was given a series of sentences that add up to life in prison. These sentences offer him very little chance of ever being released on parole. Lucero argued that this punishment was unfair and went against the Eighth Amendment, which prohibits cruel and unusual punishment. He pointed to recent Supreme Court decisions, like Graham v. Florida, that restrict life sentences without parole for young offenders.

The Colorado Supreme Court, however, disagreed with Lucero. They stated that his case was different from true life without parole because, technically, he is eligible for parole someday. Justice Gabriel, while agreeing with the court's decision, wrote a separate opinion. He believed that Lucero's sentence was basically the same as life without parole and argued that young people facing such long sentences should have greater legal protections.

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Abstract

Guy Lucero, convicted as a juvenile for a drive-by shooting, received consecutive sentences totaling life in prison with no realistic chance of parole. He argued this effectively constituted cruel and unusual punishment under the Eighth Amendment, citing recent Supreme Court rulings like Graham v. Florida that limited LWOP for juveniles. The Colorado Supreme Court disagreed. They distinguished Lucero's case from true LWOP, highlighting his eligibility for parole technically existed. Justice Gabriel, concurring, argued for a broader interpretation, considering the sentence a de facto LWOP and advocating for more protections for juveniles facing such lengthy sentences.

Guy Lucero was just a teenager when he was found guilty of taking part in a drive-by shooting. He was given a very, very long prison sentence - so long that it seemed like he would never be able to leave prison. Lucero argued that this was unfair and went against the Eighth Amendment, a rule that says punishments can't be cruel or unusual. He pointed to cases like Graham v. Florida where the Supreme Court (the most important court in the US) said that life sentences with no chance of parole were too harsh for young people.

The Colorado Supreme Court, however, didn't agree with Lucero. They said his case was different because, technically, he could still be released from prison one day (even though it was very unlikely). One of the judges, Justice Gabriel, wrote that Lucero's argument was valid and that even though Lucero technically had a chance of parole, it was practically the same as a life sentence, and he wanted to see more protections for young people in similar situations.

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Footnotes and Citation

Cite

Lucero v. People, 13 SC 624 (Colo. 2017)

Highlights