People v. Wells

MULLARKEY, Justice.

The defendant, David C. Wells, appeals from the district court’s order denying his Crim.P. 35(c) motion to vacate his judgments of conviction and sentences in two cases of aggravated robbery. The appeal was transferred to this court from the court of appeals pursuant to section 13 — 4— 102(l)(b), 6A C.R.S. (Í987), because Wells challenges the constitutionality of the violent crime sentencing provisions of section 16-ll-309(l)(a), 8A C.R.S. (1986). Comparing section 16-ll-309(l)(a), the provision under which he was sentenced, to section 16-ll-309(l)(b), concerning certain…