People v. Smith

We are called upon in this appeal to determine the constitutional validity of Crim. P. 35(a), insofar as it permits a trial court, upon motion, to reduce a sentence within 120 days after sentence is imposed by the court. The district court denied appellant’s motion to reduce sentence on the basis of our pronouncement in People v. Herrera, 183 Colo. 155, 516 P.2d 626. There, we held that after finality had attached to a conviction relief from a sentence validly imposed could not be obtained through the judiciary but rather must be had through the Executive Department by way of commutation. We…