People v. McKenna

The defendants in People v. Newell and People v. McKenna, consolidated for purposes of appeal, seek re-sentencing under a version of House Bill 1589, Colo. Sess. Laws 1977, ch. 216, 18-1-105 at 867, legislation fixing determinate sentences for classes of crimes. The General Assembly in special session postponed the effective date of the bill. The defendants allege that the Governor’s call for the special session violated the constitutional separation of powers doctrine and that the impropriety of the call invalidated the legislation enacted at the special session. We uphold the legislative…