[Download] "People v. Brake" by Colorado Supreme Court # eBook PDF Kindle ePub Free

January 28, 2021

eBook details

Title: People v. Brake
Author : Colorado Supreme Court
Release Date : January 08, 1979
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 49 KB

Description

Defendant was convicted of first-degree assault. 1971 Perm. Supp., C.R.S. 1963, 40-3-202(1)(a). The conviction was affirmed on appeal. The defendant then filed a motion to vacate the judgment of conviction and sentence under Crim. P. 35(b). As ground for the motion, he contended that the first-degree assault statute under which he was convicted is unconstitutional because it imposes a greater penalty for essentially the same conduct proscribed by the second-degree assault statute. 1971 Perm. Supp., C.R.S. 1963, 40-3-203(1)(a). Therefore, defendant asserted, his conviction and sentence violated his right to equal protection of the law. He asked that his conviction and sentence for first-degree assault be vacated, that a judgment of conviction of second-degree assault be entered, and that he be sentenced under that statute. Defendant asserts the same argument here on appeal.