People v. Dean

Opinion by

Judge CRISWELL.

Defendant, Norman Edward Dean, appeals the trial court’s order refusing to consider his Crim.P. 35(b) motion for reduction of sentence. We reverse.

Upon his conviction for escape and habitual criminality, defendant was originally sentenced to thirty to thirty-five years’ imprisonment. However, this indeterminate sentence was illegal because the underlying offense occurred after July 1, 1979, the effective date of the Determinate Sentencing Act. See Colo.Sess. Laws 1979, ch. 157 at 671.

Defendant filed a Crim.P. 35(a) motion to have this illegal sentence corrected. The…