People v. Hartkemeyer

Opinion by

Judge MARQUEZ.

Defendant, Daniel R. Hartkemeyer, appeals the order of the trial court denying his Crim.P. 35(c) motion for post-conviction relief. We affirm.

Defendant entered a plea of guilty to a charge of conspiracy to sell or distribute marihuana. Originally sentenced to probation, defendant was resentenced to four years incarceration following revocation of his probation. Subsequently, he filed a motion for post-conviction relief, alleging that his sentence was illegal as he was entitled to the benefit of amendatory legislation which lowered the classification of his offense. The…