PEOPLE v. GREYMOUNTAIN

No. 96CA0371.

952 P.2d 829 (1997)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Ernest GREYMOUNTAIN, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied October 2, 1997.

Certiorari Denied February 23, 1998.


Attorney(s) appearing for the Case

Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. Westfall, Solicitor General, Elizabeth Rohrbough, Assistant Attorney General, Denver, for Plaintiff-Appellee.

David F. Vela, Colorado State Public Defender, Anne Stockham, Deputy State Public Defender, Denver, for Defendant-Appellant.


Opinion by Judge NEY.

Defendant, Ernest Greymountain, appeals from the trial court's order denying his motion for post-conviction relief pursuant to Crim. P. 35(a) and 35(c). Defendant argues that his 16-year sentence is unlawful because it exceeds the maximum sentence permitted under § 16-11-309, C.R.S. (1996 Cum.Supp.). We affirm.

Defendant pled guilty to second degree assault, a class four felony. This offense implicates the "crime of violence" statute...

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