Court of Appeals Case No. 18CA1487

Petition for Writ of Certiorari GRANTED.

Whether the court of appeals erred in concluding section 18-1-408(5)(c), C.R.S. (2021), creates a "single distinction" test, meaning that because harassment differs from stalking only insofar as a less serious injury and lesser kind of culpability suffice to prove harassment, the offenses do not merge.

Whether the federal and state constitutions require that a jury make a domestic violence finding subjecting the defendant to an increased penalty.

DENIED AS TO ALL OTHER ISSUES.