People v. Lichtenwalter

On February 22, 1972, defendant Lichtenwalter pleaded guilty to the charge of possession of marijuana, C.R.S. 1963, 48-5-2. Defendant sought probation and a pre-sentence hearing was held. The trial judge denied the application for probation and sentenced Lichtenwalter to a term of not less than two nor more than five years at hard labor in the Colorado State Penitentiary. Pursuant to Crim. P. 35(a), defendant filed a motion for reduction of sentence. The court denied the motion and defendant appeals.

Defendant alleges that the trial court erred (1) by imposing a cruel and unusual punishment in…