People v. Cagle

Opinion by

Judge CRISWELL.

Defendant, Troy Roger Cagle, appeals the order of the trial court refusing to consider his Crim.P. 35(b) motion for reduction of sentence. We reverse.

Defendant was convicted of one count of possession of a Schedule I controlled substance and one count of driving under denial. In a previous appeal, those convictions were affirmed. People v. Cagle, 751 P.2d 614 (Colo.), cert. denied, 486 U.S. 1028, 108 S.Ct. 2009, 100 L.Ed.2d 597 (1988).

Defendant was originally sentenced to twelve years imprisonment plus one year of parole. He filed a Crim.P. 35(b) motion to have his…