Spann v. People

We granted certiorari to review the decision of the Colorado Court of Appeals, 37 Colo. App. 152, 549 P.2d 427 (1975), which affirmed the trial court’s denial of the petitioner’s motion under Crim.P. 35(a) for probation or reduction of his sentence. We reverse and remand with instructions.

The petitioner pleaded guilty to violating section 35-43-128, C.R.S. 1973, by killing a neighbor’s calf, and applied for probation. He was thirty-nine years old, had no prior criminal convictions, had been married sixteen years, and provided the sole support for his wife and their five children. The…