People v. Montoya

METZGER, Judge.

Defendant, William A. Montoya, appeals his judgment of conviction entered upon a jury verdict finding him guilty of first-degree assault in violation of § 18-3-202(l)(a), C.R.S. (1978 Repl.Vol. 8), and from the application of mandatory sentence for violent crime. We affirm defendant’s conviction but set aside his sentence and remand with directions for resentencing.

Defendant admitted that, at the conclusion of an argument, he shot the victim. However, his testimony was to the effect that he had done so only after being punched and kicked by the victim and threatened with a…