People v. Griswold

Defendant appeals the district court’s denial of his Crim.P. 35 motion challenging the legality of the sentence imposed upon his conviction of theft. 1967 Perm.Supp., C.R.S. 1963, 40-5-21 The court ruled that de*137fendant was not entitled to indeterminate sentencing, because the indeterminate sentencing statutes (Colo. Sess. Laws 1973, ch. 145, 39-11-101(1)(b)2 at 503, and 39-1 l-304(2)(a)3 at 504) were not in effect at the time of the commission of the crime. Defendant, however, contends that he is entitled to such sentencing because the statute was effective on the date of his conviction and…