Id. at 1230. See also People v. Corbett, 713 P.2d 1337, 1339 (Colo.Ct.App. 1985) ("The statutes do not provide any authority for an alternative sentence such as the trial court imposed here in the event the death penalty were found to be unconstitutional."); State v. Sturgis, 110 Me. 96, 85 A. 474, 476 (1912) ("It is fundamental law that the sentence in a criminal case should be definite and certain, and not dependent on any contingency or condition" and "a sentence in the alternative is bad for uncertainty.").
It is the sole prerogative of the General Assembly to define criminal conduct and establish the legal components of criminal liability. Manzo, 144 P.3d at 554; Alvarado, 132 P.3d at 1207; People v. Corbett, 713 P.2d 1337, 1339 (Colo.App. 1985) ("Only the General Assembly may define crimes and prescribe punishments."); see Colo. Const. art. V, ยง 1. Because only the General Assembly may declare an act to be a crime, "[t]he judiciary does not have the power to add language to a statute which will make a criminal offense where one does not otherwise appear."