People v. Terry

The majority holds that section 18 — 3— 203(2)(e), 8B C.R.S. (1986), requires trial courts to impose an enhanced sentence of incarceration under section 16-11-309, 8A C.R.S. (1986 and 1989 Supp.), whenever a first-time offender is convicted of second degree assault as defined in section 18-3-203(l)(b), 8B C.R.S. (1986). This conclusion contravenes legislative intent clearly expressed in relevant statutory language, departs from the rationale underlying prior decisions of this court and the Court of Appeals, overlooks pertinent legislative history and ignores certain fundamental principles of…