People v. Cabral

ERICKSON, Chief Justice.

In this consolidated appeal,1 both the prosecution and the defendant, Michael Cabral, appeal from orders entered by the district court pursuant to Crim.P. 35, upholding the defendant’s conviction of first-degree assault, section 18-3-202, 8 C.R.S. (1975 Supp.), and vacating his conviction of second-degree assault, section 18-3-203, 8 C.R.S. (1973). The district court found that the defendant’s guilty plea to first-degree assault was properly accepted after a pro-vidency hearing in 1975, but that his plea of guilty to second-degree assault entered at the same providency…