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PEOPLE v. HENRY

No. 92SA114.

845 P.2d 1160 (1993)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Cedric HENRY, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

Rehearing Denied March 8, 1993.

Attorney(s) appearing for the Case

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy K. Tymkovich, Sol. Gen., John Daniel Dailey, Deputy Atty. Gen., Robert Mark Russel, First Asst. Atty. Gen., Roger G. Billotte, Asst. Atty. Gen., Appellate Section Denver, for plaintiff-appellee.

David F. Vela, Colorado State Public Defender, Katherine Brien, Deputy State Public Defender, Denver, for defendant-appellant.

Justice VOLLACK delivered the Opinion of the Court.

Appellant Cedric Henry (Henry) appeals from a district court order in People v. Henry, No. 91CR1971, wherein the district court ruled that application of a drug offender surcharge set forth in section 18-19-103, 8B C.R.S. (1992 Supp.), does not violate the proscription against ex post facto laws. We disagree, and remand the case for further proceedings consistent with this opinion.

I.

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