Delgado v. People

Because I do not agree that the 120-day period of Crim. P. 35(b) applies only to the imposition of a “legal” sentence, I would uphold the court of appeals determination that the defendant’s motion was filed out of time. Because the parole component of a sentence is not within the discretion of the court, but rather must be imposed as a matter of law, I would also hold that the defen*639dant is not entitled to be resentenced, and therefore he is not entitled to an additional 120-day period within which to move for reduction of a new sentence. I therefore respectfully dissent.

For the first time,…