People v. Wimer

The defendant was convicted and sentenced under the first-degree assault statute, section 18-3-202, C.R.S. 1973. He moved for resentencing under Crim.P. 35(b) on the basis that the conviction and sentencing for a class three felony under the first-degree assault statute rather than for a class four felony under the second-degree assault statute, section 18-3-203, C.R.S. 1973, violated his right to equal protection under the Fourteenth Amendment to the United States Constitution. The motion was denied, and he appealed to this court. We affirm.

On March 24, 1976, the Weld County Sheriffs…