Stroup v. People

LOHR, Justice.

We granted certiorari to review the judgment of the Colorado Court of Appeals in People v. Stroup, 624 P.2d 913 (Colo.App.1980), affirming the trial court’s denial of the defendant’s motions under Crim.P. 35(b) to set aside his conviction for first degree assault. We hold that, as the defendant contends, his constitutional right to the effective assistance of counsel has been violated. Accordingly, we reverse the judgment of the court of appeals and direct that the case be remanded for resentencing.

After a jury found the defendant, Donald Stroup, guilty of first degree assault,…