Martinez v. People

The defendant petitioned for review of the court of appeals' order requiring that he be resentenced to a term of incarceration not less than twenty-four nor more than forty-eight years. See People v. Martinez, 51 P.3d 1029 (Colo.App.2001). Following the defendant's conviction for possession of cocaine, as both a special drug offender and an habitual criminal, the district court sentenced him to incarceration for ninety-six years. Although the court of appeals vacated that sentence, finding it to be the result of an erroneous construction of the special drug offender statute, it nevertheless…