People v. Terry

The People appeal1 the Adams County District Court’s sentence of the defendant Alonzo Terry to a term of probation follow*375ing his conviction of second degree assault by the use of a deadly weapon. The district court ruled that the defendant was not subject to section 16-11-309, 8A C.R.S. (1986), requiring mandatory sentencing for violent crimes, because the court had dismissed the People’s mandatory sentencing count prior to the sentencing hearing. We reverse and remand for resentencing.

I

On November 2, 1987, the defendant drove to the home of Stephen Meyer. During a quarrel, the defendant…