People v. Benjamin

The defendant was convicted by a jury of violating the first-degree assault statute, 1971 Perm. Supp., C.R.S. 1963, 40-3-202(l)(a) 1 for inflicting serious bodily injury upon another with a knife and was sentenced to a term of eight to twelve years at the Colorado State Penitentiary. He moved for resentencing under Crim.P. 35(b) on the basis that his prosecution, conviction, and sentencing for a class three felony under the first-degree assault statute instead of for a class four felony under the second-degree assault statute, 1971 Perm. Supp., C.R.S. 1963, 40-3-203(l)(b), 2 violated his…