[DOWNLOAD] "People V. Nguyen" by Colorado Supreme Court ~ eBook PDF Kindle ePub Free
eBook details
- Title: People V. Nguyen
- Author : Colorado Supreme Court
- Release Date : January 26, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
The People appeal an order of the district court vacating two of defendant Duc Nguyen's convictions of second degree assault on grounds that the section of the second degree assault statute under which he was convicted, section 18-3-203(1)(b), 8A C.R.S. (1986), violates constitutional equal protection guarantees.*fn1 U.S. Const. Amend. XIV; Colo. Const. art. II, § 25. The People and Duc Nguyen agree that the district court erred in striking the substantive portion of the statute and vacating the convictions. They also agree that the case must be remanded for resentencing. However, they disagree on the portion of the statute that should be severed to cure the constitutional defect. We hold that the appropriate remedy is to strike the mandatory crime of violence sentencing provision under section 18-3-203(2)(c) as it applies to attempted second degree assault under subsection (1)(b) and remand the case for resentencing as a class 4 felony.
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