Summary
In People v. Knight, 185 Colo. 364, 525 P.2d 425, this court held that sentence review under 1971 Perm. Supp., C.R.S. 1963, 40-1-509, was not available to one prosecuted and sentenced for any offense committed prior to July 1, 1972.
Summary of this case from People v. MorganOpinion
No. 25867
Decided July 15, 1974. Rehearing denied August 26, 1974.
Defendant pled guilty to the charge of aggravated robbery committed in February 1972, and was sentenced to thirty-five to thirty-eight year term of imprisonment in July 1972. Claiming that his sentence is excessive, defendant appealed.
Affirmed
1. CRIMINAL LAW — Sentence — Excessive — Review — Statute — Unavailable — Offense — Committed — Prior to Date. Where defendant, who had pled guilty to charge of aggravated robbery, sought statutory review of his sentence under 1971 Perm. Supp., C.R.S. 1963, 40-1-509, claiming that his sentence was excessive, held, since statute relied upon by defendant must be construed in conjunction with other provisions of Colorado Criminal Code including 1971 Perm. Supp., C.R.S. 1963, 40-1-103(1) and (2) and these sections provide that Code does not apply to prosecution or punishment for offense committed prior to July 1, 1972, right of appeal under section 40-1-509 was not available to defendant since offense for which defendant was sentenced was committed prior to July 1, 1972.
Appeal from the District Court of the City and County of Denver, Honorable Robert E. McLean, Judge.
John P. Moore, Attorney General, John E. Bush, Deputy, James S. Russell, Assistant, for plaintiff-appellee.
Rollie R. Rogers, State Public Defender, James F. Dumas, Jr., Chief Deputy, Thomas M. Van Cleave, III, Deputy, for defendant-appellant.
The defendant pled guilty to a charge of aggravated robbery committed in February 1972. In July of 1972, the defendant was sentenced to a thirty-five to thirty-eight year term of imprisonment. Claiming that his sentence is excessive, the defendant perfected this appeal.
The defendant argues that his sentence is reviewable under 1971 Perm. Supp., C.R.S. 1963, 40-1-509 which, under certain circumstances, provides for appellate review of sentences imposed in felony cases.
[1] The statute relied upon by the defendant must be construed in conjunction with other provisions of the Colorado Criminal Code including 1971 Perm. Supp., C.R.S. 1963, 40-1-103(1) and (2). These sections provide that the Colorado Criminal Code does not apply to the prosecution or punishment for any offense committed prior to July 1, 1972. Since the offense for which the defendant was sentenced was committed prior to July 1, 1972, the right of appeal under Section 40-1-509 is not available to this defendant.
Judgment affirmed.
MR. JUSTICE KELLEY, MR. JUSTICE DAY and MR. JUSTICE HODGES concur.