People v. Wilhite
Supreme Court of Colorado
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
- Meachum v. FanoSupreme Court of the United States · 1976
- Montanye v. HaymesSupreme Court of the United States · 1976
- People v. LoweSupreme Court of Colorado · 1983
- J. T. v. O'Rourke in & for Tenth Judicial DistrictSupreme Court of Colorado · 1982
- People Ex Rel. VanMeveren v. DIST. CT., ETC.Supreme Court of Colorado · 1978
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- People v. JohnsonSupreme Court of Colorado · 2000
- Davenport v. Community Corrections of the Pikes Peak Region, Inc.Supreme Court of Colorado · 1998
- People v. AbdulSupreme Court of Colorado · 1997
- Benz v. PeopleSupreme Court of Colorado · 2000
- McCarty v. PeopleSupreme Court of Colorado · 1994
19 more not listed; retrieve them via the Exa API.