Legal Opinion

People v. Wilhite

Supreme Court of Colorado

Decided October 7, 1991No. 91SA58PublishedCited by 24 opinions

1Opinion of the CourtJustice Mullarkey

The defendant, Barry D. Wilhite, appeals the trial court’s order denying him an evi-dentiary hearing to challenge his rejection by a privately-operated community corrections facility. He argues that sections 17-27-103(3) and 17-27-114(2), 8A C.R.S. (1990 Supp.), are unconstitutional because both statutes provide that a “sentencing court is not required to provide the offender with an evidentiary hearing prior to resentenc-ing.” We affirm.1

*1019I.

Wilhite entered a plea of guilty to the offense of criminal attempt to possess a Schedule II controlled substance in violation of sections 18-2-101 and…

Also in this document: Dissent.

2Cases cited8 opinions

  1. Meachum v. FanoSupreme Court of the United States · 1976
  2. Montanye v. HaymesSupreme Court of the United States · 1976
  3. People v. LoweSupreme Court of Colorado · 1983
  4. J. T. v. O'Rourke in & for Tenth Judicial DistrictSupreme Court of Colorado · 1982
  5. People Ex Rel. VanMeveren v. DIST. CT., ETC.Supreme Court of Colorado · 1978

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3Cited by24 opinions

  1. People v. JohnsonSupreme Court of Colorado · 2000
  2. Davenport v. Community Corrections of the Pikes Peak Region, Inc.Supreme Court of Colorado · 1998
  3. People v. AbdulSupreme Court of Colorado · 1997
  4. Benz v. PeopleSupreme Court of Colorado · 2000
  5. McCarty v. PeopleSupreme Court of Colorado · 1994

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