Casias v. People

On August 28, 1959, Casias was convicted by a jury of mayhem (C.R.S. ’53, 40-2-24) and thereafter the same jury also determined that he had suffered two prior felony convictions. Pursuant to the Habitual Criminal Act (C.R.S. ’53, 39-13-1, et seq.) the trial court adjudged Casias to be “guilty of the crime of Mayhem — Habitual Criminal” and sentenced him to twenty-five to thirty years in the state penitentiary.

Subsequently, Casias filed a “Motion for Re-sentencing” on the grounds that because of his age he had actually suffered only one felony conviction prior to his conviction for mayhem.…