PEOPLE v. SMITH

No. 95CA1601.

992 P.2d 635 (1999)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Kimberly SMITH, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied June 10, 1999.

Certiorari Denied January 24, 2000.


Attorney(s) appearing for the Case

Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. Westfall, Solicitor General, Catherine P. Adkisson, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

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


Opinion by Judge NEY.

Defendant, Kimberly Smith, appealed the denial of her motion for modification of sentence pursuant to Crim. P. 35(b). We reversed and remanded based on our interpretation of two sentencing statutes, § 18-1-105, C.R.S.1998 (mandatory minimum sentence for child abuse resulting in death) and § 17-27.7-104, C.R.S.1998 (possible sentence reduction after completion of regimented inmate training program). On certiorari review, the supreme...

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