People v. Smith

Opinion by

Judge NEY.

Defendant, Kimberly Smith, appeals the denial of her motion for modification of sentence pursuant to Crim. P. 35(b). We reverse and remand.

In 1991, defendant was convicted by jury of child abuse resulting in death, a class two felony. Defendant was sentenced to serve sixteen years in the custody of the Department of Corrections. Defendant appealed her conviction and a division of this court affirmed. People v. Smith, (Colo.App. No. 92CA0138, Dec. 23, 1993) (not selected for official publication).

After remand, defendant filed a motion for sentence reduction pursuant to…