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PEOPLE v. MONTOYA

No. 27912.

582 P.2d 673 (1978)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Dennis Joseph MONTOYA, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

As Modified On Denial of Rehearing August 31, 1978.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Karen Hoffman Seymour, Asst. Atty. Gen., Appellate Section, Denver, for plaintiff-appellee.

Rollie R. Rogers, Colorado State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Nicholas R. Massaro, Jr., Deputy State Public Defender, Denver, for defendant-appellant.

ERICKSON, Justice.

The defendant, Dennis Joseph Montoya, appeals the sentences imposed for his convictions of attempted manslaughter1 and first-degree assault.2 The primary issue on appeal is whether the statutory penalty for first-degree assault, in the context of the present statutory scheme, is constitutional when applied to defendants who can establish that they acted in the "heat of passion."

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