PEOPLE v. MONTOYA

No. 81SA305.

647 P.2d 1203 (1982)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Edward Rudolph MONTOYA, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

Rehearing Denied July 19, 1982.


Attorney(s) appearing for the Case

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

Gerash & Robinson, P. C., Wallace D. Prugh, Denver, for defendant-appellant.


QUINN, Justice.

The defendant, Edward Rudolph Montoya, appeals from the denial of his Crim.P. 35(c) (1981 Supp.) application for post-conviction review of a sentence, and claims that the court erred in refusing to resentence him under the presumptive sentencing provisions of the 1977 version of House Bill 1589, Colo.Sess.Laws 1977, ch. 216, 18-1-105 at 867. We affirm the judgment.

In October 1974 the defendant was...

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