People v. Euresti, 26169
| Decision Date | 06 January 1975 |
| Docket Number | No. 26169,26169 |
| Citation | 187 Colo. 266,529 P.2d 1319 |
| Parties | The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Eufemio EURESTI, Jr., Defendant-Appellant. |
| Court | Colorado Supreme Court |
John P. Moore, Atty. Gen., John E. Bush, Deputy Atty. Gen., Gregory L. Williams, Asst. Atty. Gen., Denver, for plaintiff-appellee.
Rollie R. Rogers, State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Denver, Roger A. Klein, Deputy State Public Defender, Greeley, for defendant-appellant.
Appellant was convicted of first-degree assault in violation of 1971 Perm.Supp., C.R.S.1963, 40--3--202, and was sentenced to the state penitentiary for a term of not less than fifteen nor more than forty years. He appeals pursuant to 1971 Perm.Supp., C.R.S.1963, 40--1--509, which allows appellate review of sentences for felony convictions, other than class 1 felonies, where the minimum sentence imposed exceeds the statutory minimum by more than three years. First-degree assault is a class 3 felony and is punishable by imprisonment of not less than five nor more than forty years. 1971 Perm.Supp., C.R.S.1963, 40--1--105. We affirm the sentence.
Appellant's conviction arose out of the following events. On the evening of November 9, 1972, appellant forcibly broke into an apartment occupied by a young woman. He forcibly raped her and then viciously assaulted her, stabbing her with a screwdriver about the head and face, inflicting numerous wounds, disfiguring her, and permanetly blinding her in one eye. The assault was motivated by appellant's efforts to conceal his identity and to prevent his victim from identifying him as the assailant.
Appellant was thereafter arrested and charged with first-degree assault, rape and first-degree burglary, to which he initially pled not guilty and not guilty by reason of insanity. He was examined by three state-appointed psychiatrists and a psychiatrist of his own selection. All four doctors reported that in their opinion appellant was sane at the time of the commission of the crime and was competent to stand trial. As a result of plea bargaining, the insanity pleas were withdrawn and appellant pled guilty to first-degree assault. Thereafter, upon motion of the district attorney, the rape and burglary counts were dismissed.
This was appellant's first felony conviction and he was permitted to apply for probation. His application was denied and the sentence of which he complains was imposed by the court.
The sentence was within the authorized limits prescribed for a...
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