Downing v. People

The petitioner, Yale Downing, filed a motion pursuant to Crim.P. 35(a), challenging the validity of a seven-year sentence to the Department of Corrections imposed upon him by the trial court as a result of the court’s determination that Downing should be transferred from a community corrections facility. Downing alleged that the trial court exceeded its jurisdiction in imposing a seven-year sentence because such sentence was in excess of a six-year sentence earlier imposed on Downing. The trial court denied the motion, and in People v. Downing, No. 92CA1228 (Colo.App. Dec. 23, 1993) (not…