PEOPLE v. MONTOYA

No. 85SC328.

736 P.2d 1208 (1987)

The PEOPLE of the State of Colorado, Petitioner, v. William A. MONTOYA, Respondent.

Supreme Court of Colorado, En Banc.

May 18, 1987.


Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Peter J. Stapp, Asst. Atty. Gen., Denver, for petitioner.

Jeffrey A. Springer, P.C., Jeffrey A. Springer, Denver, for respondent.

Norman S. Early, Jr., Dist. Atty., Brooke Wunnicke, Chief Appellate Deputy Dist. Atty., Ferdinand L. Torres, Deputy Dist. Atty., Denver, for amicus curiae, Dist. Atty. for Second Judicial Dist.


VOLLACK, Justice.

The People appeal from the court of appeals' decision in People v. Montoya, 709 P.2d 58 (Colo.App.1985). In Montoya, the court of appeals held that under the facts presented here, the defendant's right to equal protection under the law was violated by the sentencing scheme as applied to him. We reverse and remand to the court of appeals for proceedings consistent with this opinion.

I.

...

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