People v. Greymountain

Opinion by

Judge NEY.

Defendant, Ernest Greymountain, appeals from the trial court’s order denying his motion for post-conviction relief pursuant to Crim. P. 35(a) and 35(c). Defendant argues that his 16-year sentence is unlawful because it exceeds the maximum sentence permitted under § 16-11-309, C.R.S. (1996 Cum.Supp.). We affirm.

Defendant pled guilty to second degree assault, a class four felony. This offense implicates the “crime of violence” statute, as provided by § 16-11-309, as well as the “extraordinary risk of harm” provisions of § 18-1-105(9.7), C.R.S. (1996 Cum.Supp.).

Defendant…