People v. Garberding

The defendant Andrew Garberding appeals from the trial court’s imposition of a sentence of 18 months in a work release program, pursuant to sections 16-11-202 and 16-11-212, 8A C.R.S. (1986). The defendant argues that section 16-11-212 violates the equal protection provisions of the United States and Colorado constitutions. We accepted this appeal on certification from the court of appeals, and affirm. 1

I

On September 4, 1986, the defendant and the victim Steven Scholes, both of whom had been drinking, became involved in an argument. 2 Eventually, Scholes and two of his friends followed the…