People v. Dugger

QUINN, Justice:

The defendant, William Sidney Dugger, appeals from a judgment denying his motion for correction of an illegal sentence and for resentencing. The motion asserted that a prior felony conviction used for the purpose of enhanced sentencing as a habitual criminal had been reversed on appeal and that the defendant was therefore entitled to be resentenced. The defendant claims on appeal that the district court erroneously ruled that section 16-5-402, C.R.S.1973 (1982 Supp.), which imposes a three year time limit for collateral attacks upon criminal convictions, deprived it of…