People v. Mankowsky

Defendant was indicted on four counts of first-degree rape, C.R.S. 1963, 40-2-25. Pursuant to plea negotiations, three counts were dismissed, and the defendant plead guilty to one count of first-degree rape. On September 25, 1970, he was sentenced to the Colorado State Penitentiary for a term of 40-50 years and the judgment against him became final upon his failure to appeal. At the time of sentencing, the permissible statutory penalty for first-degree rape was 3 years to life imprisonment, C.R.S. 1963, 40-2-28.

On April 30, 1973, pursuant to 1971 Perm. Supp., C.R.S. 1963, 40-1-5Í0(l)(f),…