Swift v. People

Opinion by

J. Robert Miller, District Judge.*

The plaintiff in error, herein referred to as the defendant, was convicted of assault with intent to murder. The same jury in a separate proceeding determined that he had previously been convicted of a felony on three different occasions. The court sentenced him to life imprisonment as an habitual criminal under C.R.S. 1963, 39-13-1. The conviction and sentencing were previously affirmed in Swift v. People, 171 Colo. 178, 465 P.2d 391 (1970).

In the interim, the United States Supreme Court decided Burgett v. Texas, 389 U.S. 109, 88 S.Ct. 258, 19…