People v. Malacara

The defendant appeals the trial court’s denial of his Crim. P. 35(a) motion to reduce the initial sentence imposed. This appeal was originally filed in the court of appeals, but was transferred to this court which assumed jurisdiction pursuant to section 13-4-110(l)(a), C.R.S. 1973. The issue on appeal is whether the sentence was too harsh in light of the circumstances of the case and the defendant’s good behavior subsequent to conviction. We made a preliminary determination that the issue raised by the defendant should be reviewed in this court. Having now had the opportunity to review the…