Opinion
No. 80SA493
Decided April 6, 1981. Rehearing denied April 27, 1981.
Appeal from the District Court of the City and County of Denver, Honorable Roger Cisneros, Judge.
J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy, Mary J. Mullarkey, Solicitor General, Laura E. Udis, Assistant Attorney General, for plaintiff-appellee.
J. Gregory Walta, State Public Defender, Cynthia C. Cederberg, Deputy, for defendant-appellant.
En Banc.
The defendant-appellant, Frank P. Romero, appeals the trial court's judgment denying his post-conviction Crim. P. 35 motion. He argues that he is entitled to be resentenced under the 1977 version of the amendatory legislation of H.B. 1589, Colo. Sess. Laws 1977, ch. 216, at 861. Specifically, the appellant asserts that the Governor's action to delay the effective date of this legislation constituted lawmaking by the executive branch in violation of the separation of powers doctrine, and therefore the bill became effective without delay on July 1, 1978. This argument was rejected in People v. McKenna, 199 Colo. 452, 611 P.2d 574 (1980), which has consistently been upheld. E.g., People v. Lopez, 624 P.2d 1301 (Colo. 1981); People v. Scott, 200 Colo. 402, 615 P.2d 35 (1980); People v. Cunningham, 200 Colo. 303, 614 P.2d 886 (1980); People v. Foster, 200 Colo. 283, 615 P.2d 652 (1980); People v. Cameron, 200 Colo. 279, 613 P.2d 1312 (1980); People v. Triggs, 200 Colo. 107, 613 P.2d 317 (1980); People v. Warren, 200 Colo. 110 612 P.2d 1124 (1980).
The judgment is affirmed.