(DOWNLOAD) "People v. Hotopp" by Colorado Supreme Court No. 79SA415 # Book PDF Kindle ePub Free
eBook details
- Title: People v. Hotopp
- Author : Colorado Supreme Court No. 79SA415
- Release Date : January 17, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
JUSTICE DUBOFSKY delivered the Opinion of the Court. The defendant, Harry Smith Hotopp, appeals as excessive the sentence of eight to nine years imposed as a result of his guilty plea to second-degree burglary, section 18-4-203, C.R.S. 1973 (1978 Repl. Vol. 8). The defendant also claims he is entitled to resentencing under the presumptive sentencing provisions of the 1977 version of House Bill 1589, Colo. Sess. Laws 1977, ch. 216, 18-1-105 at 867. He asserts that the prospective provisions of section 25 of House Bill 1589, as amended in March 1979, Colo. Sess. Laws 1979, ch. 157, sec. 25 at 672, infringe upon the rule making power of this court under Article VI, Section 21, of the Colorado Constitution.1 We resolved the constitutionality of House Bill 1589 in People v. McKenna, Colo., 199 Colo. 452, 611 P.2d 574 (1980), and the issues raised by the defendant, other than the severity of his sentence, no longer present a justiciable claim. People v. Francis, Colo., n. 1, 630 P.2d 82, 82-83 n. 1 (1981). We affirm the sentence imposed.
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