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PEOPLE v. WIMER

No. 28399.

591 P.2d 87 (1979)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Donald Eric WIMER, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

February 26, 1979.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., David K. Rees, Asst. Atty. Gen., Denver, for plaintiff-appellee.

J. Gregory Walta, Colo. State Public Defender, Craig L. Truman, Chief Deputy State Public Defender, Paula K. Miller, Deputy State Public Defender, Denver, for defendant-appellant.

ROVIRA, Justice.

The defendant was convicted and sentenced under the first-degree assault statute, section 18-3-202, C.R.S. 1973. He moved for resentencing under Crim.P. 35(b) on the basis that the conviction and sentencing for a class three felony under the first-degree assault statute rather than for a class four felony under the second-degree assault statute, section 18-3-203, C.R.S. 1973, violated his right to equal protection...

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