People v. Mumaugh

DUBOFSKY, Justice.

The defendant Dave Mumaugh appeals the denial by the Otero County District Court of his Crim.P. 35 motion to reduce his sentence under section 42-4 — 1401(1), C.R.S. 1973 (1980 Supp.; current version in 1981 Supp.) for leaving the scene of an accident resulting in a death and failing to report the accident. The defendant requests that his sentence be reduced to that required under section 42-4-1403, C.R.S. 1973 (1980 Supp.; current version in 1981 Supp.) because sections 42-4^1401 and 42-4-1403 proscribe the same conduct, and section 42— 4-1403 provides a lesser punishment.…