People v. Nguyen

The People appeal an order of the district court vacating two of defendant Due Nguyen’s convictions of second degree assault on grounds that the section of the second degree assault statute under which he was convicted, section 18-3-203(l)(b), 8A C.R.S. (1986), violates constitutional equal protection guarantees.1 U.S. Const. Amend. XIV; Colo. Const, art. II, § 25. The People and Due Nguyen agree that the district court erred in striking the substantive portion of the statute and vacating the convictions. They also agree that the case must be remanded for resentencing. However, they disagree…