People v. Montoya

The defendant, Dennis Joseph Montoya, appeals the sentences imposed for his convictions of attempted manslaughter 1 and first-degree assault. 2 The primary issue on appeal is whether the statutory penalty for first-degree assault, in the context of the present statutory scheme, is constitutional when applied to defendants who can establish that they acted in the “heat of passion.”

At T.00 a.m. on December 26, 1975, the defendant returned home from a two-day drinking episode. The defendant found his apartment door locked and ordered his wife to let him into their home. He shouted that he would…