People v. Trujillo

DUBOFSKY, Justice.

The defendant, Jose Gilberto Trujillo, appeals 1 a district court order denying his Crim.P. 35(a) motion requesting that his sentence of three to five years be corrected to an indeterminate sentence because he had not been convicted of a felony before he committed the crimes for which the sentence at issue here was imposed. We affirm the district court's denial of the motion.

On March 9, 1979, a jury convicted the defendant of felony menacing, a class 5 felony, 2 and criminal mischief resulting in damage of $100 or more to personal property of another, a class 4 felony. 3 The…