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The Colorado Supreme Court on Tuesday rejected the argument that juries should be the ones who increase the severity of a defendant's convictions by evaluating prior convictions — meaning judges alone retain the authority to transform a misdemeanor into a felony in some instances.
More than two years ago, when the Colorado Supreme Court found that juries, not judges, must decide if people accused of felony drunk driving are repeat offenders, it prompted defendants found guilty of other offenses to wonder whether their own prior convictions were something prosecutors must prove to juries beyond a reasonable doubt.