People v. Hotopp

DUBOFSKY, Justice.

The defendant, Harry Smith Hotopp, appeals as excessive the sentence of eight to nine years imposed as a result of his guilty plea to second-degree burglary, section 18— 4-203, C.R.S. 1973 (1978 Repl. Yol. 8). The defendant also claims he is entitled to re-sentencing under the presumptive sentencing provisions of the 1977 version of House Bill 1589, Colo. Sess. Laws 1977, ch. 216, 18-1 — 105 at 867. He asserts that the prospective provisions of section 25 of House Bill 1589, as amended in March 1979, Colo. Sess. Laws 1979, ch. 157, sec. 25 at 672, infringe upon the rule…