People v. Montoya

VOLLACK, Justice.

The People appeal from the court of appeals’ decision in People v. Montoya, 709 P.2d 58 (Colo.App.1985). In Montoya, the court of appeals held that under the facts presented here, the defendant’s right to equal protection under the law was violated by the sentencing scheme as applied to him. We reverse and remand to the court of appeals for proceedings consistent with this opinion.

I

The defendant and the victim were involved in an argument over repairs the victim had failed to make to the defendant’s girlfriend’s apartment, as her landlord. The argument escalated, and the…