People v. Smith, No. 94CA1790
| Docket Nº | No. 94CA1790 |
| Citation | 932 P.2d 830 |
| Case Date | June 13, 1996 |
| Court | Court of Appeals of Colorado |
Page 830
v.
Kimberly SMITH, Defendant-Appellant.
Div. V.
Rehearing Denied July 18, 1996 .
Certiorari Denied March 10, 1997 .
Page 831
Gale A. Norton, Attorney General, Stephen K. ErkenBrack, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, Catherine P. Adkisson, Assistant Attorney General, Denver, for Plaintiff-Appellee.
David F. Vela, Colorado State Public Defender, Anne Stockham, Deputy State Public Defender, Denver, for Defendant-Appellant.
Opinion by Judge CASEBOLT.
Defendant, Kimberly Smith, appeals the denial of her motion for reduction of sentence pursuant to Crim. P. 35(b). We affirm.
In 1991, defendant was found guilty by a jury of child abuse resulting in death, a class 2 felony. Defendant was sentenced to serve sixteen years in the custody of the Department of Corrections. On defendant's direct appeal, a division of this court affirmed. People v. Smith, (Colo.App. No. 92CA0138, Dec. 23, 1993) (not selected for official publication). After remand, defendant filed a motion for sentence reduction pursuant to Crim. P. 35(b).
The sentencing court conducted a hearing on defendant's motion. Although the sentencing court explained it felt that a prison sentence was the only appropriate sentence, the court also indicated that, if it had the legal authority to do so, it would reduce the sentence to a four-year term of incarceration and suspend the balance of the mandatory minimum sentence. But, believing that it had no such authority under the relevant sentencing statutes, the court maintained the original sentence.
On appeal, defendant argues that the sentencing court erred in concluding that it lacked authority to impose a four-year prison sentence under the applicable statutes. We disagree.
We agree with both parties that, because defendant was convicted for a crime committed on February 4, 1991, the relevant sentencing provision, § 18-1-105(9)(d)(I), C.R.S. (1986 Repl.Vol. 8B), mandated a sentence of at least sixteen years (the mid-point in the presumptive range for a class two felony child abuse conviction). We also agree with both parties that the following version of § 18-1-105(10) governing suspension of sentences was in effect at the time:
When it shall appear to the satisfaction of the court that the ends of justice and the best interest of the public, as well as the...
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Barron v. Kerr-Mcgee Rocky Mountain Corp., No. 06CA1333.
...the capital value of the real property. See Anderson, 766 P.2d at 641; Stanske II, 722 P.2d at 406-07; Two Denver Highlands Ltd. P'ship, 932 P.2d at 830; Enright, 716 P.2d at 150; Stanske I, 690 P.2d at 1293; Wagner, 685 P.2d at 1382; Embree, 684 P.2d at 952. We therefore conclude that enha......
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People v. Hamm, Court of Appeals No. 16CA1944
...to the more "special or local" statute in the event of a conflict between such a statute and a more general statute); People v. Smith , 932 P.2d 830, 832 (Colo. App. 1996) ("In the event statutes conflict, effect shall be given to both, if possible. If not, the more specific provision shall......
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People v. Smith, No. 97SC432
...her sentence below the mandatory minimum of sixteen years. The court of appeals affirmed the trial court's judgment. See People v.Smith, 932 P.2d 830 (Colo.App.1996), cert. denied, No. 96SC558 (Colo. Mar. 17, While Smith's appeal from denial of her Crim. P. 35(b) motion was pending, the Dep......
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Pippin v. Reilly Industries, Incorporated, No. 02-1782.
...improvement, notwithstanding the fact that the parking garage could surely have been built out of other material. Two Denver Highlands, 932 P.2d at 830; see also Ebert, 723 A.2d at 601 ("The availability of another form of energy, as valuable as it may be, does not prevent a gas line from b......
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Barron v. Kerr-Mcgee Rocky Mountain Corp., No. 06CA1333.
...the capital value of the real property. See Anderson, 766 P.2d at 641; Stanske II, 722 P.2d at 406-07; Two Denver Highlands Ltd. P'ship, 932 P.2d at 830; Enright, 716 P.2d at 150; Stanske I, 690 P.2d at 1293; Wagner, 685 P.2d at 1382; Embree, 684 P.2d at 952. We therefore conclude that enha......
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People v. Hamm, Court of Appeals No. 16CA1944
...to the more "special or local" statute in the event of a conflict between such a statute and a more general statute); People v. Smith , 932 P.2d 830, 832 (Colo. App. 1996) ("In the event statutes conflict, effect shall be given to both, if possible. If not, the more specific provision shall......
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People v. Smith, No. 97SC432
...her sentence below the mandatory minimum of sixteen years. The court of appeals affirmed the trial court's judgment. See People v.Smith, 932 P.2d 830 (Colo.App.1996), cert. denied, No. 96SC558 (Colo. Mar. 17, While Smith's appeal from denial of her Crim. P. 35(b) motion was pending, the Dep......
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Pippin v. Reilly Industries, Incorporated, No. 02-1782.
...improvement, notwithstanding the fact that the parking garage could surely have been built out of other material. Two Denver Highlands, 932 P.2d at 830; see also Ebert, 723 A.2d at 601 ("The availability of another form of energy, as valuable as it may be, does not prevent a gas line from b......