PEOPLE v. KERNS

No. 80SA319.

629 P.2d 102 (1981)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Terrance Wayne KERNS, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

June 1, 1981.


Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Morgan Rumler, Asst. Atty. Gen., Denver, for plaintiff-appellee.

J. Gregory Walta, Colorado State Public Defender, Margaret L. O'Leary, Deputy State Public Defender, Denver, for defendant-appellant.


HODGES, Chief Justice.

Defendant Kerns appeals the trial court's denial of his motion to reduce sentence. He also asserts in this appeal that he is entitled to be resentenced in conformity with the amendatory legislation of H.B. 1589. We affirm.

The defendant was charged with possession of cocaine, section 12-22-302, C.R.S. 1973 (1978 Repl. Vol. 5), sale of cocaine, section 12-22-302, C.R.S.1973 (1978 Repl. Vol. 5), possession of cannabis, section 12-22-404...

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