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PEOPLE v. WINTERS

Nos. 86SA361, 87SA289.

765 P.2d 1010 (1988)

The PEOPLE of the State of Colorado, Plaintiff-Appellant and Cross-Appellee, v. Robert Alexander WINTERS, Defendant-Appellee and Cross-Appellant. The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Erik Peter ROSENDAL, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

Rehearing Denied January 17, 1989.

Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Curt P. Kriksciun, Asst. Atty. Gen., Denver, for plaintiff-appellant and cross-appellee.

David F. Vela, State Public Defender, Judy Fried, Deputy State Public Defender, Denver, for defendant-appellee and cross-appellant.

Alexander M. Hunter, Dist. Atty., John M. Haried, Deputy Dist. Atty., Boulder, for plaintiff-appellant.

David F. Vela, State Public Defender, Judy Fried, Deputy State Public Defender, Denver, for defendant-appellee.

MULLARKEY, Justice.

We consolidated the cases of People v. Winters, No. 86SA361 and People v. Rosendal, No. 87SA289, to determine whether a trial court's imposition of a sentence to community corrections contravened section 18-18-105(3), 8B C.R.S. (1986), which required a "minimum term of incarceration" without eligibility for probation or suspension of sentence when a defendant was convicted of possession or sale of more than 28 grams of cocaine.

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